Constitutional

Law 1

SY 2019-2020
By Lawst Students
Jamaika Ina Cruz
Wilson Siason
Alexandria Torillo
Mary Louise Ramirez
Shekainah Yunque
Nicole Cliano
Elaika Orio
Michelle Dawn Ramirez
Reviewer by Lawst Students Constitutional Law 1
CONSTITUTIONAL LAW 1
THE 1987 CONSTITUTION
(took effect on Feb. 2, 1987 by a Constitutional
Commission, Pres. Corazon C. Aquino)
CONSTITUTION. a written instrument by which
the fundamental powers of the government are
established, limited and defined, and by which
these powers are distributed among several
departments, for their safe and useful exercise,
for the benefit of the body politic
SOCIAL CONTRACT. the Constitution is a
social contract wherewith the people
surrendered their sovereign powers to the state
for the common good. The social covenant
becomes effective upon ratification by the
people of the Constitution.
CONSTITUTIONAL SUPREMACY. if a lower
contract promulgated by the legislative or by the
executive brands or entered into by private
persons violates any norm of the Constitution,
that law or contract is null and void.
ESSENTIAL PARTS:
• Constitution of Liberty (Art III, 1987
Constitution)
• Constitution of Government (Arts VI, VII,
& VIII, 1987 Constitution)
• Constitution of Sovereignty (Art XVII,
1987 Constitution)
CONSTITUTIONAL LAW. body of rules from
the interpretation by a high court of cases which
the validity, in relation to the constitutional
instrument, of some governmental power has
been challenged
CONSTITTUTIONAL SUPREMACY
DOCTRINE OF CONSTITUTIONAL
SUPREMACY. if a law or contract violates the
norm of the Constitution, that law or contract,
whether promulgated by the legislative or
executive branch or entered into by private
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persons for private purposes, is null and void
and without any force and effect
HORNBOOK DOCTRINE. neither the
legislative, the executive nor the judiciary has
the power to act beyond the Constitution’s
mandate
➢ Constitution prevails over ordinary laws.
➢ As between the letter of the Constitution and
the interpretation of the Supreme Court, the
latter prevails.
➢ Constitutional law is superior to a
constitutional provision
PREAMBLE
We, the sovereign Filipino people,
imploring the aid of Almighty God, in order
to build a just and humane society and
establish a Government that shall embody
our ideals and aspirations, promote the
common good, conserve and develop our
patrimony, and secure to ourselves and
our posterity the blessings of
independence and democracy under the
rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
 Sets the origin, scope and purposes of
the Constitution
 Useful in ascertaining ambiguous
provisions of the Constitution
 Important part of the 1987 Constitution
but not indispensable
 In the “aid of Almighty God”, it did not
exclude the Filipino people of non-
believers
 Cannot be the basis of a right or
obligation
ARTICLE I. NATIONAL TERRITORY
Sec. 1 The national territory comprises the
Philippine Archipelago, with all the islands
and waters embraced therin, and all other
territories, consisting of its terrestrial,
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fluvial, an aerial domains, including its
territorial seas, the seabed, the subsoil,
the insular shelves, and other submarine
areas. The waters around, between, and
connecting the islands of the archipelago,
regardless of their breadth and
dimensions, from part of the internal
waters of the Philippines.
Points of Reference:
1. Treaty of Paris –US & Spain (Dec. 10,
1890)
2. Treaty of Washington – US & Spain
(Nov. 7, 1900)
3. Treaty between US & GB (Jan. 2, 1930)
4. “All territory which the present
Government of the Philippine Islands
exercises jurisdiction”
Archipelago. unit of water studded with islands.
Group of islands, including parts of islands,
interconnecting waters and other natural
features which are closely interrelated that such
islands waters and other natural features which
are so closely interrelated that such islands,
waters and other natural features form an
intrinsic geographical, economic and political
entity, or which historically have been regarded
as such
Archipelagic Principle. “the waters around,
between, and connecting the islands of the
archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of
the Philippines”
Archipelagic State. a State constituted wholly
by one or more archipelagos and may include
other islands
Municipal Law. international law, the Philippine
Constitution is a municipal law with binding
effects only within its territorial jurisdiction (Art. I
– to know the extent of its sovereign)
Baseline.
 the low water line along the coast as
marked on large scale charts officially
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recognized by the coastal State where
width of territorial sea is measured from
 maximum of 125mm
 conforming to archipelago’s general
configuration
 other state’s territorial sea must not be
cut off
 (equidistance rule – the dividing line is a
median line equidistant from the
opposite baseline)
Normal baseline method.
 one drawing baseline
 follows the sinousities of the coast; do
not consist straight lines
 most favorable of the coastal states and
clearly shows the character of territorial
waters appurtenant to the land territory
Straight baseline. connecting selected points
on the coast without appreciable departure from
the general shape of the coast (RA 306 & RA
5446)
Maritime Zone
Territorial Sea/Waters
- consists of a marginal belt of maritime
waters adjacent to the baselines
extending 12nn outward (12mm from
baseline)
- subject to right innocent passage
(passage not prejudicial to the interests
of the coastal state nor contrary to
recognized principles of international
law)
- high seas – outside territorial sea
Internal/Inland Waters
- all parts of the sea landwards from the
baseline as well as inland rivers and
lakes
- not subject to right of innocent passage
by other states
Insular Shelf
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- (Continental shelf, archipelagic/insular
shelf for archipelago:
A. Seabed and subsoil of the
submarine areas adjacent to the
coastal state but outside the
territorial sea, to a depth of 200m, or
beyond that limit to where depth
allows exploitation
B. Seabed and subsoil adjacent to
islands coastal state has the right to
explore and exploit natural
resources, to erect installations
needed, and to erect safety zones
over its installations with a radius of
500m
Continental Shelf
- Extend to the outer edge of the
continental margin, or to a distance of
200mm
- Exclusively belong to use of State
Contiguous Zone
- 24nm from the baselines; jurisdiction
where we can enforce customs, fiscal,
immigration ad sanitation laws
Exclusive Economic Zone
- 200nmfrom the baselines where we can
have the right to exploit the living and
non-living resources
Philippines vs China
- UNCLOS superseded any Chinese
historic/sovereign rights with respect to
the maritime areas of the South China
Sea encompassed by the Chinese “nine-
dash line”, in excess of the limits
imposed therein by UNCLOS.
- Subi Reef, Gaven Reef (South), Hughes
Reef, Mischief Reef, and Second
Thomas Shoal, are low-tide elevations
(LTEs). They do not constitute fully
entitled islands which have the capacity
to generate entitlement to EEZ.
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- Scarborough Shoal, Gaven Reef
(North), Mc Kennan Reef, Johnson
Reef, Cuarteron Reef, and Fiery Cross
Reef, in their national condition, are
rocks that cannot sustain human
habitation or economic life of their own.
- None of the high-tide features in the
Spratly Islands, in their natural condition,
are capable of sustaining human
habitation ore economic life of their own
within the meaning of Article 121(3) of
the Convention.
- Does China have overlapping
entitlements to an EEZ or continental
shelf in the areas of Mischief Reef or
Second Thomas Shoal?
o No. Mischief Reef and Second
Thomas Shoal are within the PH
EEZ and continental shelf.
- Who has better right over the fishing
grounds of Scarborough Shoal: Chinese
fishermen or Filipino fishermen?
o Scarborough Shoal has been a
traditional fishing ground for
fishermen of many nationalities.
ARTICLE II DECLARATION OF PRINCIPLES
AND STATE POLICIES
Principles. Binding rules which must be
observed in the conduct of government.
Policies. Guideline for the orientation of the
State(elements: People, Government, Territory,
Sovereignty)
Manila Prince Hotel v. GSIS: All provisions of
the Constitution is presumed to be self-
executing, because to treat them as requiring
legislation would result to giving the legislature
“the power to ignore and practically nullify the
mandate of the fundamental law”. (Syllabus, p.
14)
Enabling provision
 A constitutional provision which lays
down a general principle, such as those
found in Article 2.
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 Requires a law to be enacted
 Congress cannot be compelled to enact
laws and, in turn, they cannot enact laws
in violation of the Constitution
o Remedy of the People: by the
ballot
o Same rule applies to the
President
Self-executing provision
 A provision which is complete in itself
and becomes operative without the aid
of supplementary or enabling legislation,
such as those found in article iii, is self-
executory.
STATE PRINCIPLES
Sec. 1: The Philippines is a democratic
and republican state. Sovereignty resides
in the people and government authority
emanates from them.
How is the Philippines a Democratic and a
Republican state?
 Democratic state. One wherein the
people themselves collectively exercise,
perform and discharge the sovereign
functions of the government. The
Philippines has a people’s initiative and
referendum (Sec 32, Art. VI).
 Republican state. A representative type
of government. Filipinos of age have the
power/right to elect.
What is a State?
 Community of persons, more or less
numerous (PEOPLE), permanently
occupying a definite portion of territory
(TERRITORY), independent of external
control (GOVERNMENT), and
possessing an organized government to
which the great body inhabitants render
habitual obedience (SOVEREIGNTY).
o Its size and number of people
must correlate to some extend so
it can operate as a State.
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What are the constituent and ministrant
functions of the government? (Bernas, p. 44)
 Constituent-compulsory functions which
constitute the very bonds of society
 Ministrant-optional functions of gov’t
intended for achieving a better life for the
community
Sovereignty. The right to exercise the functions
of a State to the exclusion of any other State.
Cruz v. Secretary: Dominion or dominium (as
opposed to sovereignty). The capacity of the
State to own or acquire such lands and natural
resources.
Sec. 2: The Philippines renounces was as
an instrument of national policy, adopts
the generally accepted principles of
international law as part of the law of the
land and adheres to the policy of peace,
equality, justice, freedom, cooperation,
and amity with all nations. (SELF-
EXECUTING)
Does the 1987 Constitution prohibit the
Philippines from going into war?
 It only renounces wars of aggression.
The power to wage a defensive war is
basic and essential for the state.
(Bernas, p. 60)
Does the Philippines accept generally
accepted principles of international laws?
 Yes. The Philippines only adopts the
generally accepted principles of
international law by making it part of the
law of the land through the doctrine of
incorporation.
o Under the Doctrine of
Incorporation, rules of
international laws are given a
standing equal, not superior, to
national laws. It applies only to
customary law and treaties which
have become part of customary
law (those that don’t need
ratification). (Bernas, p. 61)
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Jus cogens norms (Latin, in relation to
everyone) in international law has been used as
a legal term describing obligations owed by
States towards the community of states as a
whole.
Erga omnes obligations (international law
concept, compelling law) refers to norms that
command peremptory authority, superseding
conflicting treaties and custom.
AC: Saguisag vs. Ochoa, G.R. No. 212426,
etc., Jan. 12, 2016:
For allowing the U.S a rent-free access and
use of Philippine bases and other “agreed
locations” around the country by the U.S
troops and its vessels and with authority to
construct facilities threat and to preposition
and store defense equipment, supplies, and
materials at these Philippine bases and other
“agreed locations”, is EDCA consistent with
the content, purpose, and framework of the
MDT and the VFA and not violate of Philippine
sovereignty?
Ruling: Yes. Enhanced Defense Cooperation
Agreement (EDCA) is consistent with the
content, purpose, and framework of the MDT
and FVA and not violative of Philippine
Sovereignty. EDCA is not constitutionally
infirm. As an executive agreement, it remains
consistent with existing laws and treaties that
it purports to implement. The EDCA allows
the use of Philippine bases and other "agreed
locations" around the country for the U.S
troops regardless of what the reason for the
allowance is, be it non-combat activities or
borne out of military necessity. The Court's
jurisprudence established in certain terms
that non-combat activities (as opposed to
actual combat) were allowed under the MDT
and VFA. The EDCA also allows the
temporary stationing of U.S. military
personnel in constructed physical locations
with permanent facilities just like how the VFA
allowed construction of facilities for the benefit
of U.S. forces during their visits. And just like
the VFA, EDCA also allows the prepositioning
military materiel.
Sec. 3: Civilian authority is, at all times,
supreme over the military. The Armed
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Forces of the Philippines is the protector
of the people and the state. Its goal is to
secure the sovereignty of the state and the
integrity of the national territory. (SELF-
EXECUTING)
If the AFP is the protector of the people and
the State, does PNP have the same
mandate?
 No. The PNP is not part of the AFP. It is
civilian in character (not military) but
national in scope even if they carry
firearms.
As the “protector of the people and the
state” is the AFP authorized to topple a
corrupt and ineffective government?
 No. It has to start with the people, by the
ballot.
 Congress enacted R.A. No. 6968 An Act
Punishing the Crime of Coup d’ etat
Sec. 4: The prime duty of the government
is to serve and protect the people. The
government may call upon the people to
defend the State and, in the fulfillment
thereof, all citizens may be required, under
the conditions provided by law, to render
personal military or civil service.
(ENABLING)
Can the government compel its citizens to serve
in military?
 Qualify. All citizens may be required to
render personal, military, or civil service.
This is a consequence of the
government’s duty to protect its people.
 Exception: Discretion is implied upon the
Congress by the phrase “provided by
law
o Conscientious objectors are
allowed
Note: Includes citizens who have retired from
military service (Parreño vs COA)
Defense of the State
 The right of the government to require
compulsory military service is a
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consequence of its duty to defend the
State and its people.
 But discretion is implied by the following
phraseology: “may call upon” and “may
be required.”
Sec. 5: The maintenance of peace and
order, the protection of life, liberty and
property, and promotion of general
welfare are essential for the enjoyment by
all the people of the blessings of
democracy. (ENABLING)
Blessings of Democracy
Maintenance of Peace and Order
- Protection
- Promotion of common good/general
welfare
- Hierarchy of rights: (1) life, (2) liberty, (3)
property
Sec. 6: The separation of the Church and
State shall be inviolable. (SELF-
EXECUTING)
What is the significance of the separation of
the church and state?
 The principle of separation of Church
and State is based on mutual respect:
the State cannot meddle in the internal
affairs of the church nor favor one
religion and discriminate against
another; while the church cannot impose
its beliefs and convictions on the State
and the rest of the citizenry nor demand
that the nation follow its beliefs, even if it
sincerely believes that they are good for
the country. (Imbong vs Ochoa)
AC: Re: Letter of Valenciano, A.M. No. 10-4-
19-SC, March 7,2017:
Does the holding of masses at the basement
of the Quezon city hall of justice violate the
constitutional principle of separation of church
and state?
Ruling: No. Holding masses at the City Hall
merely constitutes accommodation. It is not
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mandated to attend the mass and it is at their
own volition to profess their faith in any form.
Furthermore, no public resource was spent
for the purpose of spreading the Catholic faith
as the building stays operational during such
mass. Therefore, the City Hall of Justice was
no converted to a Catholic Chapel and does
not prejudice other religious.
AC: Imbong vs. Ochoa, 204819, April 8,
2014:
Does R.A. No. 10354, “The Responsible
Parenthood and Reproductive Health Act of
2012, violate the principle of separation of the
church and the state?
Ruling: No. The principle of separation of
Church and State is enshrined in Article II,
Section 6 of 1987 Constitution which states
that the separation of the Church and State
shall be inviolable. Generally, the State
cannot meddle in the internal affairs of the
church, much less question its faith and
dogmas or dictate upon it. On the other hand,
the church cannot impose its beliefs and
convictions on the State and the rest of the
citizenry.
STATE POLICIES
Sec. 7: The State shall pursue an
independent foreign policy. In its relations
with other states, the paramount
consideration shall be national
sovereignty, territorial integrity, national
interest, and the right to self-
determination. (ENABLING)
What are some important independent and
foreign policies of the Philippines?
 Three pillars (R.A. No. 7157, Ph
Foreign Service Act of 1991. Overseas
Filipino will continue to be recognized for
their crucial role in the country’s
economic and social stability)
o Preservation and enhancement of
national security
o Protection of the rights and promotion
of the welfare of overseas Filipino
o Promotion and attainment of
economic security
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 Visiting Forces Agreement
o Is the instrument agreed upon to
provide for the joint RP-US military
exercises
o Is simply an implementing agreement
to the main RP-US Military Defense
Treaty
 Balikatan Exercises (aka Joint RP-US
military exercises)
o For the purpose of developing of
developing the capability to resist an
armed attack fall squarely under the
provisions of the RP-US Mutual
Defense Treaty.
International agreements need not only be in
the form of a treaty or an executive agreement,
unless the Constitution or a statute requires
otherwise.
Sec. 8: The Philippines, consistent with
the national interest, adopts and pursues
a policy of freedom from nuclear weapons
in its territory. (ENABLING)
Nuclear Free Philippines
“consistent with national interest” = “subject to
national interest”
- Ban is only on nuclear arms – that is, the
use and stockpiling of nuclear weapons,
devices, and parts thereof. This includes
not only possessing, controlling and
manufacturing nuclear weapons, but
also nuclear tests in our territory, as well
as the use of our territory as dumping
ground for radioactive wastes.
- It is not a ban on the peaceful use of
nuclear energy. Nor is it a bann on all
“nuclear-capable vessels”
Is there customary or conventional
international law specifically authorizing the
threat or use of nuclear weapons?
 No. There is neither customary or
conventional int’l law specifically
authorizing nor prohibiting the threat or
use of nuclear weapons.
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Can nuclear arms be resorted to in self-
defense?
 The entitlement to resort to self-defense
is subject to the conditions of necessity
and proportionality. The proportionality
principle may thus not in itself exclude
the use of nuclear weapons in self-
defense in all circumstances.
Is this also a ban for peaceful uses of nuclear
energy? (Bernas, p. 73)
 No. It is not. Nor is it a ban on all
“nuclear-capable vessels”. For a vessel
to be banned, it is not enough that it is
capable of carrying nuclear arms; it must
actually carry nuclear arms.
 Commissioner Azcuna further states
that the ban covers possession,
controlling and manufacturing nuclear
weapons. It bans nuclear tests and
dumping radioactive wastes in the
Philippine territory.
AC: Saguisag vs. Ochoa, G.R. No. 212426,
etc., Jan. 12, 2016:
For allowing nuclear weapons in the
Philippines, is EDCA invalid and
unconstitutional?
Ruling: No. The charge that EDCA allows
nuclear weapons within the Philippine territory
is entirely speculative. The agreement in fact
specifies that the prepositioned materiel shall
not include nuclear weapons. The general
prohibition on nuclear weapons, whether
prepositioned or not, is already expressed in
the 1987 Constitution. It would be
unnecessary or superfluous to include
already in the Constitution or in the law
through a document like the EDCA.
Sec. 9: The State shall promote a just and
dynamic social order that will ensure the
prosperity and independence of the nation
and free the people from poverty through
policies that provide adequate social
services, promote full employment, a
rising standard of living, and an improved
quality of life for all. (ENABLING)
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Sec. 10: The State shall promote justice in
all phases of national development.
(ENABLING)
What is the difference between Social Order
and Social Justice?
 Social order (Sec. 9) ensures the
prosperity and independence of the nation
and free the people from the poverty
through policies that provide adequate
social services, promote full employment, a
rising standard of living, and an improved
quality of life for all.
 Social justice (Sec. 10) covers all phases
of national development but with emphasis
not just on the socio-economic but also on
political and cultural inequities.
o It allows the law to bend over backward
to accommodate the interests of the
working class on the humane
justification that those with less privilege
in life should have more in law (Mary’s
Academy vs Palacio).
o But it does not countenance wrongdoing
simply because it is committed by the
underprivileged, only mitigates the
penalty at best (ISM vs ISAE, G.R. No.
167286)
 Rule of thumb:
o In case of doubt in the interpretation of
the law, it should be interpreted in favor
of the poor as against rich.
o However, social justice should be used
only to correct an injustice.
o To the rich and poor alike, dura lex sed
lex (Latin, the law is harsh but it is the
law)
AC: Int’l. School Manila vs. ISEA, G.R. No.
167286, Feb. 5, 2014:
Shall separation pay be allowed as a measure
of social justice to all employees who have
been dismissed?
Ruling: It depends. The court recognized
Santos’ gross and habitual neglect as serious
misconduct, which is a ground for dismissal
as stated in Article 282 of the Labor Code.
This court ruled that the lower court erred in
finding that the respondent was illegally
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dismissed. Furthermore, on the topic of
separation pay, the court holds that
separation pay shall be allowed as a measure
of social justice for causes other than serious
misconduct or those reflecting on the
employee’s moral character. Those who
invoke social justice may do so only if their
hands are clean and their motives blameless
and not simply because they happen to be
underprivileged. Therefore, Santos will only
be entitled to separation pay in view of the
length of her service with the School prior to
the events that led to the termination of her
employment.
Sec. 11: The State values the dignity of
every human person and guarantees full
respect for human rights. (ENABLING)
 Maria Clara Doctrine-natural instinct to
protect their honor.
Note: Further explained in Bill of Rights and
human rights provision of Article XIII.
Sec. 12: The State recognizes the sanctity
of family life and shall protect and
strengthen the family as a basic
autonomous social institution. It shall
equally protect the life of the mother and
the life of the unborn from conception. The
natural and primary right and duty of the
parents in the rearing of the youth for civic
efficiency and the development of moral
character shall receive the support of the
Government. (ENABLING)
 State acts as parens patriae to aid parents
in the moral dev’t of the youth and their
important role in nation-building.
 Everything that prevents fertilization is not
prohibited.
Abortifacient. Any drug or device that either:
- Induces abortion
- Induces the destruction of a fetus inside the
mother’s womb
- Prevents the fertilized ovum to reach and be
implanted in the mother’s womb
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AC: Imbong vs. Ochoa, G.R.No. 204819,
April 8, 2014:
Does R.A. No. 10354, “The Responsible
Parenthood and Reproductive Health Act of
2012, violate the constitutional right to life of
the unborn?
Ruling: No. The RH Law specifically and
expressly prohibits drugs or devices which
induce abortion and any drug or device which
will sever the fetus from the womb of the
mother. It also expressly provides that the
contraceptives allowed are those that prevent
the egg cell and the sperm cell from meeting,
which is in line with Section 12, Article II.
Since life begins at fertilization, when the egg
cell and sperm cell meet, there is no life to
protect yet.
Sec. 13: The State recognizes the vital role
of the youth in nation-building and shall
promote and protect their physical, moral,
spiritual, intellectual and social wellbeing.
It shall inculcate in the youth patriotism
and nationalism, and encourage their
involvement in public and civic affairs.
(ENABLING)
Sec. 14 The State recognizes the role of
women in nation-building, and shall
ensure the fundamental equality before
the law of women and men. (ENABLING)
 Intention was not to advocate absolute
sameness because there are obvious
biological differences between men and
women
AC: Cadiz vs. Brent Hospital and Colleges,
G.R. No. 187417, February 24, 2016:
Is the condition imposed on Cadiz by Brent
Hospital and Colleges that “she subsequently
contract marriage with her then boyfriend for
her to be reinstated” in consonance with “the
policy against encouraging illicit or common-
law relations that would subvert the
sacrament of marriage”?
Ruling: No. There is no rhyme or reason for
it. It forces Cadiz to marry for economic
reasons and deprives her of the freedom to
choose her status, which is a privilege that
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inheres in her as an intangible and inalienable
right as stated in R.A. No. 9710, Magna Carta
of Women, that protects her against
discrimination in all matters relating to
marriage and family relations. The condition,
therefore, to contract a marriage to be
reinstated is coercive, oppressive and
discriminatory. So the court cannot uphold the
validity of the condition.
AC: Garcia vs. Drilon, G.R. No. 179267, June
25, 2013:
Is R.A. 9262, An Act Defining Violence
Against Women and Their Children, violative
of fundamental equality between men and
women?
Ruling: No. The guaranty of equal protection
of the laws is not a guaranty of equality in the
application of the laws upon all citizens of the
state. In fact, the Constitution does not require
that thing which are different in fact be treated
in law as though they were the same. The
equal protection clause does not forbid
discrimination as to things that are different.
Therefore, it does not prohibit legislation
which is limited either in the object to which it
is directed or by the territory within which it is
to operate.
Sec. 15: The State shall protect and
promote the right to health of the people
and instill health consciousness among
them. (SELF-EXECUTING)
AC: Imbong vs. Ochoa, No. 204819, April 8,
2014:
Does R.A. No. 10354, “The Responsible
Parenthood and Reproductive Health Act of
2012, violate the constitutional right to health
and the right to protection against hazardous
products?
Ruling: No. R.A. No 10354 includes the use
of contraceptives and drugs that are
expressly approved by the FDA as safe and
not harmful to the body. It further says that
drugs and contraceptives that are
abortifacient are not allowed. The provisions
of the law also say that both spouses can
decided which of the many modern family
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planning methods to engage in. Therefore, it
is not restrictive.
Sec. 16: The State shall protect and
advance the right of the people to a
balanced and healthful ecology in accord
with the rhythm and harmony of nature.
(SELF-EXECUTING)
 The right to a balanced and healthful
ecology carries with it the correlative duty to
refrain from impairing the environment
(Laguna Lake Dev. Authority vs CA)
Sec. 17: The State shall give priority to
education, science and technology, arts,
culture, and sports to foster patriotism
and nationalism, accelerate social
progress, and promote total human
liberation and development. (ENABLING)
Sec. 18: The State affirms labor as a
primary social economic force. It shall
protect the rights of workers and promote
their welfare. (ENABLING)
Sec. 19: The state shall develop a self-
reliant and independent national economy
effectively controlled by Filipinos.
(ENABLING)
- The objective is to simply prohibit foreign
powers or interests from maneuvering our
economic policies and ensure that Filipinos
are given preference in all areas of
development.
Sec. 20: The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and
provides incentives to needed
investments. (ENABLING)
Sec. 21: The State shall promote a
comprehensive rural development and
agrarian reform. (ENABLING)
 Rural development is not just agricultural
development but rather it encompasses a
broad spectrum of social, economic,
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human, cultural, political and even industrial
development.
Sec. 22: The State recognizes and
promotes the rights of indigenous cultural
communities within the framework of
national unity and development.
(ENABLING)
Sec. 23: The State shall encourage non-
governmental, community-based, or
sectoral organizations that promote the
welfare of the nation. (ENABLING)
 Volunteerism and participation of non-
governmental organizations in national
development should be encouraged.
Sec. 24: The State recognizes the vital role
of communication and information in
nation-building. (ENABLING)
Sec. 25: The State shall ensure the
autonomy of local governments.
(ENABLING)
Principle of local autonomy. Means
decentralization, autonomous in the sense that
it is given more powers, authority,
responsibilities and resources thereby enabling
them to develop in their own pace, discretion,
resources and assets, which is in contrary to
before when powers were highly concentrated
in Manila (Alvarez vs Guingona).
Principle of local fiscal autonomy. The power
of LGUs to create their own sources of revenue
in addition to their equitable share in the national
taxes released by the national government, as
well as the power to allocate their resources in
accordance with their own priorities. It extends
to the preparation of their budgets, and local
officials in turn have to work within the
constraints thereof (Pimentel vs Aguirre).
AC: FDCP vs. Colon Heritage, G.R. No.
203754, June 16, 2015:
Are Secs. 13 and 14 of RA 9167 invalid for
being unconstitutional and violate of local
fiscal autonomy?
Reviewer by Lawst Students Constitutional Law 1
Ruling: Yes. Section 5, Article XI of the 1973
Constitution gave LGUs the "power to create
its own sources of revenue and to levy taxes,
subject to such limitations as may be provided
by law.'' This authority was further
strengthened in the 1987 Constitution,
through the inclusion in Section5, Article X
thereof of the condition that " such taxes, fees,
and charges shall accrue exclusively to local
governments." In the case at bar, through the
application and enforcement of Sec. 14 of RA
9167, the income from the amusement taxes
levied by the covered LGUs did not and will
under no circumstance accrue to them, not
even partially, despite being the taxing
authority therefor.
AC: Alta Vista Golf and Country Club vs.
Cebu City, G.R. No. 180235. Jan. 20, 2016:
Is section 42 of the Revised Omnibus Tax
Ordinance, as amended imposing
amusement tax on golf courses within the
authority Of Cebu City to enact under the
Local Government Code?
Ruling: No. A golf course cannot be
considered a place of amusement. As
petitioner asserted, people do not enter a golf
course to see or view a show or performance.
Petitioner also, as proprietor or operator of the
golf course, does not actively display, stage,
or present a show or performance. People go
to a golf course to engage themselves in a
physical sport activity, i.e., to play golf; the
same reason why people go to a gym or court
to play badminton or tennis or to a shooting
range for target practice, yet there is no
showing herein that such gym, court, or
shooting range is similarly considered an
amusement place subject to amusement tax.
There is no basis for singling out golf courses
for amusement tax purposes from other
places where people go to play sports. This is
in contravention of one of the fundamental
principles of local taxation: that the "[t]axation
shall be uniform in each local government
unit.
Sec. 26: The State shall guarantee equal
access to opportunities for public service
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and prohibit political dynasties as may be
defined by law. (ENABLING)
Sec. 27: The State shall maintain honesty
and integrity in the public service and take
positive and effective measures against
graft and corruption. (ENABLING)
Sec. 28: Subject to reasonable conditions
prescribed by law, the State adopts and
implements a policy of full public
disclosure of all its transactions involving
public interest. (ENABLING)
 Right of access to information on matters
of public concern (Bill of Rights)
 The right to information guarantees the
right of people to demand information; this
provision recognizes the duty of
officialdom to give information even if
nobody demands.
AC: Sereno vs. Committee on Trade and
Related Matters, G.R. No. 175210, Feb.
2016:
Whether or not the CTRM may be compelled
by mandamus to furnish the petitioner with a
copy of the minutes of the May 23, 2005
meeting based on the constitutional right to
information on matters of public concern and
State’s policy of full public disclosure?
Ruling: No. Two requisites must concur
before the right to information may be
compelled by writ of mandamus. Firstly, the
information sought must be in relation to
matters of public concern or public interest.
And, secondly, it must not be exempt by law
from the operation of the constitutional
guarantee. The position of the petrochemical
industry as an essential contributor to the
overall growth of our country’s economy
easily makes the information sought a matter
of public concern or interest. But in Chavez v.
Public Estates Authority, the Court has ruled
that the right to information does not extend to
matters acknowledged as "privileged
information under the separation of powers,"
which include "Presidential conversations,
correspondences, or discussions during
closed-door Cabinet meetings."
Reviewer by Lawst Students Constitutional Law 1
ARTICLE VI: THE LEGISLATIVE
DEPARTMENT
Section 1. The legislative power shall be
vested in the Congress of the Philippines
which shall consist of a Senate and a
House of Representatives, except to the
extent reserved to the people by the
provision on initiative and referendum.
Nature of Legislative Power
Legislative power. The authority to make laws
and to alter and repeal them. Otherwise stated,
it is the power or competence of the legislature
to enact, ordain alter or modify.
Informing Function. Power of the Congress,
when it investigates, is either in aid of legislation
or by way of oversight. What appears to have
been forgotten is an equally important and
fundamental power and duty of Congress and
that is its informing function by way of
investigating for the purpose of enlightening the
electorate. (ABADA vs. PURISIMA)
Limits on Legislative Power. The legislative
power is subject to substantive and procedural
limitations
- Substantive limitations - circumscribe both
the exercise of the power itself and the
allowable subjects of legislation. Chiefly
found in the Bill of Rights
- Procedural limitations – prescribing the
manner of passing bills and the form they
should take
Initiative and Referendum. The power of the
people directly to “propose and enact laws or
approve or reject any act or law or part thereof
passed by Congress or local legislative body.
Purpose: To institutionalize “people power” by
providing for an instrument which can be used
should the legislative show itself indifferent to
the needs of the people.
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Can Congress give to the President veto
power over laws passed through initiative
and referendum?
The President can have a role in
“initiative and referendum” only if given a
role by law.
Separation of Powers. In essence means that
legislation belongs to Congress, execution to
the executive, settlement of legal controversies
to the judiciary. Each is prevented from invading
the domain of the others. The separation is not
total. The system allows for “checks and
balances”
- Legislative: enact, amend, or repeal
laws
- Executive: enforce and execute laws
- Judicial: interpret the laws when
challenged
Checks and Balance. As an adjunct to, and
consequence of, the principle of separation of
powers, “checks and balance” serves as a
mechanism for one branch of government to
examine the other branch without necessarily
invading the domain of others.
- Legislative: enact, amend or repeal laws
- Executive: vetoes the laws
- Judicial: declares the laws
unconstitutional
Purpose of separation of powers and
“checks and balances” – to prevent
concentration of powers in one department and
thereby to avoid tyranny.
New Modality: Checks and Balance
- Legislative: enact GAA and SAA
- Executive: approves GAA or SAA &
disburse
- Constitutional Commission: (COA)
suspends or disallows
- Judicial: convicts for an election offense
- Executive: pardons the convict
- Constitutional Commission: (COMELEC)
unfavorable recommendation
Reviewer by Lawst Students Constitutional Law 1
Blending of Powers. In essence, blending of
powers is the confluence of the exercise of two
(2) or more powers of the three (3) branches of
government to bring about an institutional
mandate or to complete a constitutional
process.
- Congress enacts a law + President signs
a law = Republic Act
- President enters into Treaty + Senate
concurs = Binding Treaty
- President nominates presidential
appointees + Commission on
Appointment confirms = Presidential
Appointment
Delegation of Powers.
General rule. Delegata potestas non potest
delegari (Delegated power can not be re-
delegated)
Exception. The legislative branch of
government for purposes of expediency
 Delegation of emergency power to the
President
 Delegation of tariff power to the
President
 Delegation to the people-at-large (Sec.
32, Art. VI)
 Delegation to local government (Art. X)
 Delegation to administrative bodies
The statute making the delegation must be:
(1) Complete in itself (it must set forth the
policy to be carried out or implemented);
and
(2) Fix a standard (the limits of which are
sufficiently determinable) to which the
delegate must conform.
AC: Belgica vs. Alcantara, G.R. No. 208566,
etc., November 19, 2013
Are these measures violative of the non-
delegability of legislative functions?
Ruling: No, they are null and void. The clear,
unambiguous, and unequivocal use of “may”
in Art. 176 rendering the use of an illegitimate
father’s surname discretionary controls, and
illegitimate children are given the choice on
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the surnames by which they will be known.
The use of the word “shall” in the IRR of RA
9255 is of no moment.
THE SENATE
Section 2. The Senate shall be composed
of twenty-four Senators who shall be
elected at large by the qualified voters of
the Philippines, as may be provided by
law.
Section 3. No person shall be a Senator
unless he is a natural-born citizen of the
Philippines and, on the day of the election,
is at least thirty-five years of age, able to
read and write, a registered voter, and a
resident of the Philippines for not less
than two years immediately preceding the
day of the election.
Section 4. The term of office of the
Senators shall be six years and shall
commence, unless otherwise provided by
law, at noon on the thirtieth day of June
next following their election. No Senator
shall serve for more than two consecutive
terms. Voluntary renunciation of the office
for any length of time shall not be
considered as an interruption in the
continuity of his service for the full term of
which he was elected
Section 5. (1) The House of
Representatives shall be composed of not
more than two hundred and fifty members,
unless otherwise fixed by law, who shall
be elected from legislative districts
apportioned among the provinces, cities,
and the Metropolitan Manila area in
accordance with the number of their
respective inhabitants, and on the basis of
a uniform and progressive ratio, and those
who, as provided by law, shall be elected
through a party-list system of registered
national, regional, and sectoral parties or
organizations.
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list. For three consecutive
Reviewer by Lawst Students Constitutional Law 1
terms after the ratification of this
Constitution, one-half of the seats
allocated to party-list representatives
shall be filled, as provided by law, by
selection or election from the labor,
peasant, urban poor, indigenous cultural
communities, women, youth, and such
other sectors as may be provided by law,
except the religious sector.
(3) Each legislative district shall comprise,
as far as practicable, contiguous,
compact, and adjacent territory. Each city
with a population of at least two hundred
fifty thousand, or each province, shall
have at least one representative.
(4) Within three years following the return
of every census, the Congress shall make
a reapportionment of legislative districts
based on the standards provided in this
section.
Section 6. No person shall be a Member of
the House of Representatives unless he is
a natural-born citizen of the Philippines
and, on the day of the election, is at least
twenty-five years of age, able to read and
write, and, except the party-list
representatives, a registered voter in the
district in which he shall be elected, and a
resident thereof for a period of not less
than one year immediately preceding the
day of the election.
Section 7. The Members of the House of
Representatives shall be elected for a term
of three years which shall begin, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Member of the House of
Representatives shall serve for more than
three consecutive terms. Voluntary
renunciation of the office for any length of
time shall not be considered as an
interruption in the continuity of his service
for the full term for which he was elected
Section 8. Unless otherwise provided by
law, the regular election of the Senators
and the Members of the House of
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Representatives shall be held on the
second Monday of May.
Section 9. In case of vacancy in the Senate
or in the House of Representatives, a
special election may be called to fill such
vacancy in the manner prescribed by law,
but the Senator or Member of the House of
Representatives thus elected shall serve
only for the unexpired term.
Senator Congressman
Natural-born citizen, able to read and write
35 years of age 25 years of age
2-year residence, 1-year residence,
registered voter registered voter
6-year term up to 2 3-year term up to 3
consecutive terms consecutive terms
- The residence requirement is satisfied if
one is domiciled in the Philippines even if
not physically present in the Philippines
during the two-year period.
- The age qualification must be possessed
on the day the votes are cast.
Q: What is “gerrymandering”? Is it allowed?
A: “Gerrymandering” is the formation of one
legislative district out of separate territories for
the purpose of favouring a candidate or a
party is not allowed. The constitution says that
each district shall “comprise as far as
practicable, contiguous, compact and
adjacent territory”.
AC: ATONG PAGLAUM vs COMELEC
Should national and regional parties or
organizations represent the “marginalized
and underrepresented” sectors?
Ruling: R.A. No. 7941 does not require
national and regional parties or organizations
to represent the “marginalized and
underrepresented” sectors.
Must the nominees of the party-list group
either belong to the sector, or must have a
track record of advocacy for the sector
represented?
Ruling: These nominees must either belong
to their respective sectors or must have a
Reviewer by Lawst Students Constitutional Law 1
track record of advocacy for their
representative sectors.
Can major political parties should participate
in party-list elections?
Ruling: Yes. But major political parties should
participate in party-list elections only through
their sectoral wings. Such sectoral wing of a
must have its own constitution, by-laws,
platform or program of government, officers,
and members, etc.
Without amending the Constitution:
• Can a law change the numerical
composition of Senators and
Congressmen? NO, EXCEPT HR.
• Can a law change the manner of electing
Senators and Congressmen? NO, EXCEPT
PL.
• Can the qualifications of Senators and
Congressmen be changed, by law? NO,
EXCEPT PL.
• Can the terms and limits be changed, by
law? NO.
TOLENTINO vs. COMELEC
A special election for the vacancy int eh Senate
or in the House may be held on occasion of a
regular election provided that the electorate
shall be accordingly notified of such fact.
Section 10. The salaries of Senators and
Members of the House of Representatives
shall be determined by law. No increase in
said compensation shall take effect until
after the expiration of the full term of all the
Members of the Senate and the House of
Representatives approving such increase.
Section 11. A Senator or Member of the
House of Representatives shall, in all
offenses punishable by not more than six
years imprisonment, be privileged from
arrest while the Congress is in session. No
Member shall be questioned nor be held
liable in any other place for any speech or
debate in the Congress or in any
committee thereof.
Initial Annual Salaries (1987):
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- Senators and Congressmen: P204,000.00
- Senate President/Speaker: P240,000.00
Current Annual Salaries (2010):
- Senators and Congressmen: P420,000.00
- Senate President/Speaker: P480, 000.00
These are subject to change by law. No
increase in said compensation shall take effect
until after the expiration of the full term of ALL
(including the six year term of the Senators) the
Members of the Senate and the House of
Representatives approving such increase.
The purpose is to place a legal bar to the
legislators yielding to the natural temptation to
increase their salaries.
Privilege from Arrest
 A legislator is privileged from arrest even for
a criminal offense provided that the offense
was not punishable by a penalty of more
than six years imprisonment.
 This privilege is available only while
congress is in session. Hence it is not
available while congress is in recess
 Members of Congress NOT exempt from
detention for crime, they may be arrested,
even when the House is in session, for
crimes punishable by a penalty of more
than six months
 There is no basis whatsoever for treating
him or her differently from other convicts
Parliamentary freedom of speech and debate
(AKA Parliamentary privilege of speech)
 “speech and debate” – includes
utterances made in the performance of
official functions, such as speeches
delivered, statements made, votes cast as
well as bills introduced and other acts done
in the performance of his duties.
 Not essential that the Congress be in
session when the utterance was made.
What is essential is that the utterance must
constitute “legislative action” that is it must
be part of the deliberative and
communicative process by which
Reviewer by Lawst Students Constitutional Law 1
legislators participate in committee or
congressional proceedings
Purpose of the privileges. Intended to leave
the legislator unimpeded in the performance of
his duties and free from fear of harassment from
outside.
Trillanes IV vs. Pimentel. Are the statements
of Trillanes been made in the course of the
performance of his duties as a Senator and thus
covered by his parliamentary immunity?
No, as they were made in response to
media interviews during gaps and
breaks in plenary and committee
hearings in the Senate, they fell outside
the privilege of speech and debate.
Sec. 12 All Members of the Senate and the
House of Representatives shall, upon
assumption of office, make a full
disclosure of their financial and business
interests. They shall notify the House
concerned a potential conflict of interest
that may arise from the filing of a
proposed legislation of which they are
authors.
Potential conflict of interest. A “Potential
conflict of interest” on a proposed legislation
exists when the proponent bill, his family or his
company will directly or indirectly benefit from
the proposed bill if enacted into law.
Is a legislator barred from filling a bill that
may create a potential conflict of interest?
A legislator is not prevented from filing a bill
that may create a conflict of interest. The
advance disclosure would create a
favorable presumption in his behalf.
Sec. 13 No Senator or Member of the
House of Representatives may hold any
other office or employment I the
government, or any subdivision, agency,
or instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries, during
his term without forfeiting his seat. Neither
shall be appointed to any office which may
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have been created or the emoluments
thereof increased thereof during the term
for which was elected.
Prohibited Employment
No senator or Member of the house of
Representatives may hold any other office:
- In government, or any subdivision, agency,
instrumentality, GOCCs or their
subsidiaries
- Which may have been created or
emoluments thereof increased thereof
during the term for which he was elected
Before or after his term, can a legislator be
appointed to an office created during his
term?
- Military offices can but offices in the
government, subdivisions, GOCC, and etc.
cannot.
LIBAN vs. GORDON
By accepting the PNRC Chair, did Gordon forfeit
his Senate seat?
No. The PNRC Chairman is not an
official or employee of the Executive branch
since his appointment does not fall under Sec.
26, Art. VII of the Constitution. PNRC is a private
organization performing public functions.
The structure of the PNRC is sui generis
being neither strictly private nor public in nature,
RA No. 95 remains valid and constitutional in its
entirety. The constitutionality of RA No. 95, as
amended, the charter f the Philippine National
Red Cross, was not raised by the parties as an
issue and should not have been passed upon by
this Court.
Sec. 14 No Senator or Member of the
House of Representatives may personally
appear as counsel before any court of
justice or before the Electoral Tribunals, or
quasi-judicial and other administrative
bodies. Neither shall he, directly or
indirectly, be interested financially in any
contract with, or in any franchise or
special privilege granted by the
Government, or any subdivision, agency
or instrumentality thereof, including any
Reviewer by Lawst Students Constitutional Law 1
government-owned or controlled
corporation, or its subsidiary, during his
term of office. He shall not intervene in any
matter before any office of the
Government for his pecuniary benefit or
where he may be called upon to act on
account of his office.
Prohibited Appearance. No Senator or
Member of the House of Representatives may
personally appear as counsel before any court
of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies.
The prohibition does not apply to court
appearance of the law office of the Senate
Congressman. (Sec. 14, Art. VI).
Sec. 15 The Congress shall convene once
every year on the 4th Monday of July for
its regular session, unless a different date
is fixed by law, and shall continue to be in
session until thirty days before the
opening of its next session, exclusive of
Saturdays, Sundays and legal holidays.
The President may call a special session
at any time.
Sec 16 (1) The Senate shall elect its
President and the House of
Representatives its Speaker, by a majority
voter of all its respective members. Each
Hose shall choose such other officers as
it may deem necessary.
(2) A majority of each House shall
constitute a quorum to do business, but a
smaller number may adjourn from day
today and may compel the attendance of
absent members ins such, manners, and
under such penalties, as such House may
provide.
(3) Each House may determine the rules of
its proceedings, punish its members for
disorderly behavior, and with the
concurrence of two-thirds of all its
members, suspend or expel a Member. A
penalty of suspension, when imposed,
shall not exceed sixty days.
(4) Each house shall keep a journal of its
proceedings, and from time to time
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publish the same, excepting such parts as
may, in its judgment, affect national
security; and the yeas and nays on any
question shall, at the present, be entered
in the journal. Each House shall also keep
a record of its proceedings.
(5) Neither House during the session of the
Congress shall, without the consent of the
other, adjourn for more than three days,
nor to any place than that in which the two
Houses shall be sitting.
Santiago vs Guingona
- The only constitutionally mandated officers
of Congress are the Senate President and
the Speaker of the House of
Representatives who are elected by a
majority vote of all its respective members.
- The other congressional officers are
specified and elected in the manner set
forth in the respective Rules of both houses.
Section 16 (2). “Smaller Number”
The authority of “smaller number” and
imposable penalties must be provided in the
rules promulgated by Congress when quorum
existed.
Section 16 (4). Congressional Records:
Legislative record – contains the word for word
transcript of the deliberation Congress
Legislative journal – contains the abbreviated
account of the daily proceedings in Congress
Enrolled bill – is an authenticated copy of a bill
bearing the signatures of Senate President &
Speaker of the House & certification of its
passage by the secretaries of both houses
Banat vs COMELEC
Do Congress and the COMELEC en banc
encroach upon the jurisdiction of the PET the
SET and the HRET?
o No. The powers of Congress and the
COMELEC en banc are exercised before
proclamation while the powers of the PET the
SET and the HRET are exercised after
proclamation.
AC: Delgado vs HRET
Reviewer by Lawst Students Constitutional Law 1
As the sole judge of the election, returns, and
the qualifications of the members of the
House of Representatives, can the judgment
of the HRET be reviewed?
Ruling: Yes, when it commits grave abuse of
discretion as in this case when it failed to
disqualify Pichay for his conviction for libel, a
crime involving moral turpitude.
AC: Atty. Lico vs COMELEC
Who has jurisdiction over the expulsion of a
sitting party list member from Congress and
from his organization?
Ruling: HRET has jurisdiction. The issue on
the validity of petitioner Lico’s expulsion for
Ating Koop is integral to the issue of his
qualifications to sit in Congress, thus, HRET
has jurisdiction.
But a party-list organization owes its
existence to the State and the latter’s
approval must be obtained through its agent,
the Comelec. Any challenges on its continued
existence is within the plenary power of the
Comelec.
AC: Abayon vs COMELEC
Does HRET have the power to annul election
results on the ground of terrorism? Was there
legal basis for the HRET to annul election
results?
Ruling: Yes, HRET has the power to annul.
In this case, however, the claim of terrorism
was not duly substantiated thus, the
annulment of the election results did not have
legal basis.
AC: Reyes vs HRET
Are Rule 6(a), Rule 15, & Rule 6, in relation to
Rule 69 of the 105 HRET Rules
constitutional?
Ruling: Yes. The presence of at least one
Justice and four members of the HRET to
constitute a quorum ensures that
representatives from both the Judicial and
Legislative departments are present to
constitute a quorum.
Sec. 17 There shall be a Commission on
Appointments consisting of the President
of the Senate, as ex-officio Chairman,
twelve Senators and twelve Members of
the House of Representatives, elected by
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each House on the basis of proportional
representation from the political parties
and partylist organizations.
Who composed the Electoral Tribunal in
Congress?
- Three whom shall be Justices of the
Supreme Court (designated by Chief
Justice) remaining six shall be members
of the Senate or house of
Representatives
Madigal vs Villar
Senator Madrigal’s primary recourse rests with
Congress and not with this Court. The doctrine
of primary jurisdiction dictates that prior
recourse to the House is necessary before she
may bring her petition to court. Only when the
Senate fails to comply with the constitutional
mandate of CA’s proportional representation
that she can come to Us.
Sec. 18 There shall be a Commission on
Appointments consisting of the President
of the Senate, as ex-officio Chairman,
twelve Senators and twelve Members of
the House of the Representatives, elected
by each House on the basis of
proportional representation from the
political parties and parties or
organizations registered under the party-
list system represented therein. The
Chairman of the Commission shall not
vote, except in case of tie. The
Commission shall act on all appointments
submitted to it within thirty session days
of the Congress from their submission.
The Commission shall rule a majority vote
of all the members.
Sec. 19 The Electoral Tribunals and the
Commission on Appointments shall be
constituted within thirty days after the
Senate shall have been organized with the
election of the President and the Speaker.
Is it mandatory to fill up entire 12 member
contingent from the House and the Senate to the
Commission on Appointments?
- It’s okay, as long as it has a working
quorum.
Reviewer by Lawst Students Constitutional Law 1
Sec. 21 The Senate and the House
Representatives or any of its respective
committees may conduct inquiries in aid
of legislation in accordance with its duly
published rules of procedure. The rights of
persons appearing in or affected by such
inquiries shall be respected.
Legislative Investigation
Limitations:
 It must be in aid of legislation
 It must be in accordance with duly
published rules of procedure
 Rights of persons appearing in or
affected of such inquiries shall be
respected
 The power of the Congress to commit a
witness for contempt terminates upon
final adjournment
 Always subject to the expanded review
power of the Supreme Court
PHILCOMSAT vs Senate
Is the power to conduct legislative inquiries
vested only on the Senate or also on its
committees?
- Under Art. VI, Sec. 21, the “Senate or the
House of Representatives or nay of its
respective committees may conduct
inquiries in aid of legislation in
accordance with its duly published rules
of procedure.
Question Hour – Section 22
Sec. 23 (1) The Congress, by a vote of two
thirds of both Houses in joint session
assembled, voting separately, shall have
the sole power to declare the existence of
a state of war.
(2) In times of war or other national
emergency, the Congress may, by law,
authorize the President, for a limited
period and subject to such restrictions as
it may prescribe, to exercise such powers
necessary and proper to carry out a
declared national policy. Unless sooner
withdrawn by resolution of the Congress,
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such power shall cease upon the next
adjournment.
War and Emergency. In times of war or other
national emergency, the Congress may, by law,
authorize the President, for a limited period and
subject to such restrictions as it may prescribe,
to exercise such powers necessary and proper
to carry out a declared national policy.
David vs Arroyo
Without congressional authority, can the
President declare a state of national
emergency?
- Sec. 18, Art. VII grants the President the
power declare a state of emergency,
even without congressional authority.
Without congressional authority, can the
President exercise emergency powers?
- No. Under Sec. 23. (2), Art. VI, the
President, in times of war or other
national emergency, may exercise
powers necessary and proper to carry
out a declared national policy, by
authority of the Congress for a limited
period and subject to such restrictions as
it may prescribe.
Section 24. All appropriation, revenue or
tariff bills, bills authorizing increase of the
public debt, bills of local application, and
private bills, shall originate exclusively in
the House of Representatives, but the
Senate may propose or concur with
amendments.
Appropriation bills. Those whose purpose is to
set aside a sum of money for public use.
Revenue or tariff bills. Those which are strictly
for the raising of revenues.
Bills of local application. Those whose reach
is limited to specific localities, such for instance
as the creation of a town or renaming of the
same.
Will this provision allow the Senate version
prevail? Yes.
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Section 25. (1) The Congress may not
increase the appropriations
recommended by the President for the
operation of the Government as specified
in the budget. The form, content, and
manner of preparation of the budget shall
be prescribed by law.
- Jurisprudence and authorities make clear
that while authorities used “may not”, it is
understood to be taken as more of a
directive “not to increase”.
- The Congress can decrease the
appropriations.
Section 25. (2) No provision or enactment
shall be embraced in the general
appropriations bill unless it relates
specifically to some particular
appropriation therein. Any such provision
or enactment shall be limited in its
operation to the appropriation to which it
relates.
Riders. Prohibited provisions unrelated to the
appropriation bill. (Article VI, Section 25 (2) =
NO RIDERS)
Section 25. (3) The procedure in approving
appropriations for the Congress shall
strictly follow the procedure for approving
appropriations for other departments and
agencies. (Procedural Uniformity)
Section 25. (4) A special appropriations
bill shall specify the purpose for which it
is intended, and shall be supported by
funds actually available as certified by the
National Treasurer, or to be raised by a
corresponding revenue proposed therein.
What are the constitutional requirements for
a special appropriation? Must specify the
purpose for which it is intended, and shall be
supported by funds actually available as
certified by the National Treasurer.
- No money doesn’t necessarily mean to
borrow money.
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Does this requirement apply to general
appropriations bill? No.
Section 25. (5) No law shall be passed
authorizing any transfer of appropriations;
however, the President, the President of
the Senate, the Speaker of the House of
Representatives, the Chief Justice of the
Supreme Court, and the heads of
Constitutional Commissions may, by law,
be authorized to augment any item in the
general appropriations law for their
respective offices from savings in other
items of their respective appropriations.
Sanchez v. COA:
The requirements for a valid transfer of
appropriations for the corresponding funds to be
legally effects:
1. There must be savings in the programmed
appropriation of the transferring agency;
and
2. There must be an existing item, project or
activity with an appropriation that has
been exhausted in the receiving agency to
which the savings will be transferred but
only within the specific branches.
AC: Araullo vs Aquino
Is a law required to adopt or implement the
DAP?
Held: No. DAP was not an appropriation
measure, just a program. Hence, no
appropriation law was required to adopt or to
implement it. DAP was a program designed to
promote economic growth.
Are unreleased appropriations and withdrawn
unobligated allotments under the
Disbursement Acceleration Program (DAP)
savings?
Held: No, they were not savings, and the use
of such appropriations contravened Sec.
25(5), Article VI of the 1987 Constitution.
The transfer of appropriated funds, to be valid
must be made upon the concurrence of the ff:
- A law authorizing the President, etc. to
transfer.
- The funds to be transferred are savings
generated from their respective offices’
appropriation.
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- The fund transfer is to augment an item
in the general appropriations law for their
offices.
Are cross border transfers, constitutionally
permissible?
Held: No. Funds appropriated for one office
are prohibited from crossing over to another
office even in the guise of augmentation of a
deficient item or items. DAP violated cross-
border transfer prohibition under Sec. 25(5),
Art. VI.
Does the prohibition against cross-border
transfer apply to appropriations and not to
savings?
Held: The prohibition applies to both
appropriations and savings. In view of the
clarity of the text of Section 25(5), the Court
stands by its pronouncement, and will not
brook any strained interpretations.
Does the Constitution require Congress to
create allotment classes within an item?
Held: No. what is required is for Congress to
create items to comply with the line-item veto
of the President.
- The interpretation of the GAA and its
definition of savings is a foremost judicial
function.
- Sourcing the DAP from unprogrammed
funds despite the original revenue
targets not having been exceeded was
invalid.
Section 25. (6) Discretionary funds
appropriated for particular officials shall
be disbursed only for public purposes to
be supported by appropriate vouchers and
subject to such guidelines as may be
prescribed by law.
Discretionary funds vs Special funds.
Discretionary funds [Section 25 (6)] are those
funds appropriated for particular officials that
should be disbursed for public purposes only.
While special funds [Section 29 (3)] are those
collected on any tax levied for a special purpose
that should be disbursed for such purpose only.
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Section 25. (7) If, by the end of any fiscal
year, the Congress shall have failed to
pass the general appropriations bill for the
ensuing fiscal year, the general
appropriations law for the preceding fiscal
year shall be deemed reenacted and shall
remain in force and effect until the general
appropriations bill is passed by the
Congress.
SECTION 29. (1) No money shall be paid
out of the Treasury except in pursuance of
an appropriation made by law.
(2) No public money or property shall be
appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit,
or support of any sect, church,
denomination, sectarian institution, or
system of religion, or of any priest,
preacher, minister, or other religious
teacher, or dignitary as such, except when
such priest, preacher, minister, or
dignitary is assigned to the armed forces,
or to any penal institution, or government
orphanage or leprosarium.
(3) All money collected on any tax levied
for a special purpose shall be treated as a
special fund and paid out for such
purpose only. If the purpose for which a
special fund was created has been fulfilled
or abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.
Non-Sectarian, Section 29 (2).
Can public funds be appropriated or used for
a Church or priest? No, except if such priest is
part of a government agency.
AC: Dela Cruz vs Ochoa, G.R. No. 219683,
January 23, 2018
Whether or not the use of the appropriation
under 2014 GAA for the implementation of the
MVPSP was constitutional or did it involve an
unconstitutional transfer of funds?
Ruling: It was constitutional. The use of funds
for plate registration is actually within the
modernization program. There is no specific
item for plate registration, but if it can be
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covered in the general statement of
appropriation, it can be justified. In this case,
it was justified. There was an appropriation for
MVPS under the 2014 GAA and the use of
such appropriation for implementation was
constitutional.
SECTION 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title
thereof.
(2) No bill passed by either House shall
become a law unless it has passed three
readings on separate days, and printed
copies thereof in its final form have been
distributed to its Members three days
before its passage, except when the
President certifies to the necessity of its
immediate enactment to meet a public
calamity or emergency. Upon the last
reading of a bill, no amendment thereto
shall be allowed, and the vote thereon
shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.
One-Subject, One-Title Rule.
- Every bill passed by Congress shall
embrace one subject which shall be
expressed in the title thereof.
- What is the effect of the violation of this
provision?
AC: Imbong vs Ochoa
Does “The Responsible Parenthood and
Reproductive Health Act of 2012, violate Sec.
26(!), Art. VI of the 1987 Constitution on the
“one subject- one title” rule?
Held. No. Both “reproductive health” and
responsible parenthood” are interrelated and
germane to the overriding objective to control
the population growth.
Three reading rule, Section 26 (2).
Can the 3-reading rule be removed?
- Yes, during any emergency. Economic
emergency is a basis for certification.
The printing of copies is also excused.
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SECTION 27. (1) Every bill passed by the
Congress shall, before it becomes a law,
be presented to the President. If he
approves the same, he shall sign it;
otherwise, he shall veto it and return the
same with his objections to the House
where it originated, which shall enter the
objections at large in its Journal and
proceed to reconsider it. (Approval or
Veto)
If, after such reconsideration, two-thirds of
all the Members of such House shall agree
to pass the bill, it shall be sent, together
with the objections, to the other House by
which it shall likewise be reconsidered,
and if approved by two-thirds of all the
Members of that House, it shall become a
law. In all such cases, the votes of each
House shall be determined by yeas or
nays, and the names of the Members
voting for or against shall be entered in its
Journal. The President shall communicate
his veto of any bill to the House where it
originated within thirty days after the date
of receipt thereof; otherwise, it shall
become a law as if he had signed it. (Veto
Override)
(2) The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items
to which he does not object. (Item veto)
Presidential Veto.
- Ordinary bills have to be vetoed by the
President in its entirety, and not specific
provisions.
- The President may exercise item veto for
appropriation bills. But he cannot veto a
condition without at the same time vetoing
the particular item or items to which it
relates, unless it is an inappropriate
provision.
Legislative Veto.
- A legislative veto is a statutory provision
requiring the President or an administrative
agency to present the proposed
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implementing rules and regulations of a law
to Congress for approval.
- A legislative veto is unconstitutional for
violating the separation of powers.
Oversight Committees.
- To be valid, any post-enactment
congressional measure such as
Congressional Oversight Committees
should be limited only to:
- Scrutiny and/or investigation
Bicameral Conference Committee.
- Reconciles both versions of the Congress.
And after the reconciliation, it is sent to both
Houses for ratification. This is an exception
to the No-Amendment Rule.
THE LEGISLATIVE MILL
HOUSE OF REPRESENTATIVES
• Bill has to pass 3 readings
• Referred to the senate
SENATE
• Bill has to pass 3 readings
• Referred to the President
PRESIDENT
• Signs into law; or
• President vetoes the bill
• Referred back to the House or origin
PRESIDENT
• President vetoes the bill.
• Referred back to House or origin
HOUSE OF REPRESENTATIVES
• House overrides veto by 2/3 vote.
• Referred to the Senate
SENATE
• Senate overrides the veto by 2/3 vote.
• Bill becomes a law
SECTION 28. (1) The rule of taxation shall
be uniform and equitable. The Congress
Constitutional Law 1 Silliman University
shall evolve a progressive system of
taxation.
(2) The Congress may, by law, authorize
the President to fix within specified limits,
and subject to such limitations and
restrictions as it may impose, tariff rates,
import and export quotas, tonnage and
wharfage dues, and other duties or
imposts within the framework of the
national development program of the
Government.
(3) Charitable institutions, churches and
parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly, and
exclusively used for religious, charitable,
or educational purposes shall be exempt
from taxation.
(4) No law granting any tax exemption
shall be passed without the concurrence
of a majority of all the Members of the
Congress.
RULE OF TAXATION
Uniformity in Taxation.
 Means that all taxable articles or kinds of
property of the same class shall be taxed at
the same rate
 Different articles can be taxed at diff
amounts provided the rates is uniform
Equity in Taxation. Requires that the tax
imposed is to be determined on the basis of the
value of the property.
Equitability means it is progressive.
Delegated Tax Legislation, Section 28 (2).
This is related to the President’s foreign
relations. President can use this for purposes of
trade negotiations for goods being imported and
exported.
Tax Exemptions. Section 28 (3).
Congressional Concurrence. Concurrence by
BOTH HOUSES.
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If a treaty is granting tax exemption, does it
need Congressional Concurrence? No. It will
be treated as a treaty, which means it should be
voted upon 2/3 of the Senate under Article VII,
Section 21.
AC: La Suerte Cigarette vs CIR, GR
125346, November 11, 2014
Whether the imposition of excise tax on
stemmed leaf tobacco under Section 141 of
the 1986 Tax Code constitutes double
taxation?
Ruling: No. For double taxation in the
objectionable or prohibited sense to exist, the
same property must be taxed twice, when it
should be taxed but once. Both taxes must be
imposed on the same property or subject-
matter, for the same purpose, by the same. .
. taxing authority, within the same jurisdiction
or taxing district, during the same taxing
period, and they must be the same kind or
character of tax.
There is no double taxation in the prohibited
sense because the specific tax is imposed by
explicit provisions of the Tax Code on two
different articles or products: (1) on the
stemmed leaf tobacco; and (2) on cigar or
cigarette.
Note: There is no constitutional prohibition
against double taxation. It is more like a
statutory prohibition.
SECTION 30. No law shall be passed
increasing the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.
Supreme Court’s Appellate Jurisdiction.
Section 30.
AC: Carpio-Morales vs Binay
Is the 2nd par., Sec. 14, RA 6770 insofar as it
provides that no appeal or application for
remedy may be heard against the decision or
findings of the ombudsman (except with SC)
on questions of law, valid and constitutional?
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Held. No, it is invalid and unconstitutional, for
increasing SC’s appellate jurisdiction without
its advice and concurrence.
SECTION 31. No law granting a title of
royalty or nobility shall be enacted.
SECTION 32. The Congress shall, as early
as possible, provide for a system of
initiative and referendum, and the
exceptions therefrom, whereby the people
can directly propose and enact laws or
approve or reject any act or law or part
thereof passed by the Congress or local
legislative body after the registration of a
petition therefor signed by at least ten per
centum of the total number of registered
voters, of which every legislative district
must be represented by at least three per
centum of the registered voters thereof.
Titles of Royalty of Nobility. Section 31. Since
the Philippines is a Republican country, it
prohibits titles of royalty.
Initiative and Referendum. Section 32.
- Cannot deal with emergency measures.
- We have to let the law address the
emergency which is intended to be
enacted.
- Can it be vetoed by the President?
o No. Because there is no viable
mechanism to override the veto
by the people-at-large, and it
shall be accordingly enacted in
15 days after publication in the
Official Gazette or in a
newspaper of general circulation.
- Can it be repealed by Congress?
o Yes, since there is an inherent
limitation of enactin “irrepealable
laws.”
o Just like laws passed by
Congress may be amended or
repealed by the people-at-large,
through initiative and
referendum.
Reviewer by Lawst Students Constitutional Law 1
ARTCLE VII: EXECUTIVE DEPARTMENT
SECTION 1. The executive power shall be
vested in the President of the Philippines.
Executive Power.
- Defines where executive power is vested –
only in the President of the Philippines.
- Plainly, executive power is the power to
enforce and determine and administer the
laws bur it is actually more than this.
Residual Power
It would not be accurate to state that executive
power is the power to enforce the laws, for the
President is head of state as well as head of the
government and whatever powers inherent in
such position pertain to the office unless the
Constitution itself withholds it. (MARCOS V
MANGLAPUS)
Presidential Perks. Executive privilege,
Immunity from suit, and Command
responsibility.
Executive Privilege
o Power of the president to withhold certain
types of information from the courts, the
Congress, and ultimately the public
o Invoked by the president or by the executive
secretary by “order of the president” the
consent of the president
o A privilege over types of information, NOT
types of government officials
Privileged communication
- Conversations/correspondence between
the President and the public official.
- Inter-government information prior to the
conclusion of treaties and executive
agreements.
- Discussions in close-door Cabinet
meetings.
- Matters affecting national security and
public order.
SERENO V CTRM
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Can executive privilege be invoked over
closed-doot meetings of CTRM whose two
members are not cabinet members? YES.
The fact that some members of the committee
were not part of the President’s Cabinet was of
no moment.
Immunity from suit. The President, during his
tenure of office or actual incumbency, may not
be sued in any civil, administrative or criminal
case.
PRES. MARINE MAMMALS V REYES
Can the President be impleaded as an
unwilling co-plaintiff/co-petittioner? NO.
Impleading the former President as an unwilling
co-petitioner, for an act she made in the
performance of the functions of her office is
contrary to the public policy against embroiling
the President in suits.
AC: Lagman vs Pimentel
Can the President be named respondent in
this sui generis proceedings challenging his
declaration of martial law?
Held. NO. The petitioners committed a
procedural misstep in including the President
as a respondent in their petitions because of
the latter’s immunity from suit
Rule of Thumb
- The immunity from suit of the President may
be invoked only by the President.
- The immunity of the President from suit is
concurrent only with his tenure and not
term.
- Except in his impeachment, the President
during his tenure of office, may not be sued
in any case.
Command Responsibility. It is the
responsibility of the commanders for crimes
committed by subordinate members of the
armed forces or other persons subject to their
control on international wars or domestic
conflict. (Rubrico vs Arroyo)
Rodriguez vs Arroyo
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The president, being the commander-in-chief of
all armed forces, necessarily possesses control
over the military that qualifies him as a superior
within the purview of the command
responsibility doctrine.
Rubrico vs Arroyo
Is there criminal liability under “command
responsibility”? NO. But the doctrine of
command responsibility may be used to
preliminary determine whether respondents are
accountable for and have the duty to address
the enforced disappearance.
Rule of Thumb
- Command responsibility is not a basis for
avenue criminal liability of the President.
presidential liability
- Command responsibility can, however, be
an avenue for preliminary determination of
presidential liability.
- Presidential immunity still applies for a
sitting President, notwithstanding command
responsibility.
Presidential Qualifications.
SECTION 2. No person may be elected
President unless he is a natural-born
citizen of the Philippines, a registered
voter, able to read and write, at least forty
years of age on the day of the election, and
a resident of the Philippines for at least ten
years immediately preceding such
election.
Grace Poe vs COMELEC
As a foundling and as to her citixenship, is
Grace Poe qualified to run for President?
- YES. The fact is that Poe’s blood
relationship with a Filipino citizen is
DEMONSTRABLE. The factual issue not
who the parents of petitioner are, as their
identities are unknown but whether such
parents are Filipinos.
- As a matter of law, foundlings as a class
natural-born citizens. While the 1935
Constitution’s enumeration is silent as to
foundling’s, there is no restrictive language
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which would definitely exclude foundlings
either.
Has Grace Poe satisfied the 10-year residence
requirement to run for President?
- YES. Petitioner’s claim that she will have
been a resident for 10 years and 11 months
on the day before the 2016 Elections is true.
The Constitution requires presidential
candidates to have 10 years residence in
the Philippines before the day of the
election.
The Vice President.
SECTION 3. There shall be a Vice-
President who shall have the same
qualifications and term of office and be
elected with and in the same manner as
the President. He may be removed from
office in the same manner as the
President.
The Vice-President may be appointed as a
Member of the Cabinet. Such appointment
requires no confirmation.
The Cabinet.
- Is an extra-constitutionally created body
consisting of heads of departments who
have formed a body of presidential advisers
who meet regularly with the president.
- Serves at the pleasure of the President
- Have no authority over the President
SECTION 4. The President and the Vice-
President shall be elected by direct vote of
the people for a term of six years which
shall begin at noon on the thirtieth day of
June next following the day of the election
and shall end at noon of the same date six
years thereafter. The President shall not
be eligible for any reelection. No person
who has succeeded as President and has
served as such for more than four years
shall be qualified for election to the same
office at any time.
No Vice-President shall serve for more
than two consecutive terms. Voluntary
renunciation of the office for any length of
time shall not be considered as an
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interruption in the continuity of the service
for the full term for which he was elected.
Unless otherwise provided by law, the
regular election for President and Vice-
President shall be held on the second
Monday of May.
The returns of every election for President
and Vice-President, duly certified by the
board of canvassers of each province or
city, shall be transmitted to the Congress,
directed to the President of the Senate.
Upon receipt of the certificates of canvass,
the President of the Senate shall, not later
than thirty days after the day of the
election, open all certificates in the
presence of the Senate and the House of
Representatives in joint public session,
and the Congress, upon determination of
the authenticity and due execution thereof
in the manner provided by law, canvass
the votes.
The person having the highest number of
votes shall be proclaimed elected, but in
case two or more shall have an equal and
highest number of votes, one of them shall
forthwith be chosen by the vote of a
majority of all the Members of both
Houses of the Congress, voting
separately.
The Congress shall promulgate its rules
for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall
be the sole judge of all contests relating to
the election, returns, and qualifications of
the President or Vice- President, and may
promulgate its rules for the purpose.
Election and Term.
Can the President run again?
- A President is not eligible for any re-election
for that office, that is, either immediately
after his term or even after an interval of one
or more terms.
- The elimination of the prospect of re-
election would make more independent.
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President capable of making correct even
if unpopular decision.
Pormento vs Estrada. Following the results of
that elections, Past President Estrada was not
elected President for the second time. Thus, any
discussion of his “reelection” will simply be
hypothetical and speculative.
Presidential Tie.
Supreme Court as PET. The Supreme Court,
sitting en banc, shall be the sole judge of all
contests relating to the election, returns and
qualifications of the President or Vice-President,
and may promulgate its rules for the purpose.
Makalintal vs PET. Is the PET an illegal and
unauthorized progeny of Sec 4, Article VII of the
Constitution?
No. The PET was constituted in implementation
of Sec. 4, Art. VII, and it faithfully complies, not
unlawfully defies, the constitutional directive.
Fernando Poe Jr vs COMELEC. Does the PET
have jurisdiction on challenges of qualifications
of presidential candidate?
No. The rules categorically speak of the
jurisdiction of the tribunal over contests relating
to the election, returns and qualifications of the
“President” or “Vice President”, of the
Philippines, and not of “candidates” for
President or Vice President.
AC: Grace Poe vs COMELEC
Which court or tribunal has jurisdiction over
challenges on qualification of candidates for
President and Vice President?
Held. None. The Comelec, however, can
disqualify a candidate after prior
determination of his qualification by statute,
by executive order or by a judgment of a
competent court of tribunal.
The tribunals which have jurisdiction over the
question of the qualifications of the President,
the Vice-President, Senators and the Members
of the House of Representatives was made
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clear by the Constitution. There is no such
provision for candidates for these positions.
Presidential Oath.
SECTION 5. Before they enter on the
execution of their office, the President, the
Vice-President, or the Acting President
shall take the following oath or
affirmation:
“I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my
duties as President (or Vice-President or
Acting President) of the Philippines,
preserve and defend its Constitution,
execute its laws, do justice to every man,
and consecrate myself to the service of
the Nation. So help me God.” (In case of
affirmation, last sentence will be omitted.)
Presidential Residence and Salary.
SECTION 6. The President shall have an
official residence. The salaries of the
President and Vice-President shall be
determined by law and shall not be
decreased during their tenure. No increase
in said compensation shall take effect until
after the expiration of the term of the
incumbent during which such increase
was approved. They shall not receive
during their tenure any other emolument
from the Government or any other source.
Presidential Salary
1987 2004 2010
25k/month 57,750/month 95k/month
300k/year 688k/year 1.140M/year
SECTION 7. The President-elect and the
Vice-President-elect shall assume office at
the beginning of their terms.
If the President-elect fails to qualify, the
Vice-President-elect shall act as President
until the President-elect shall have
qualified.
If a President shall not have been chosen,
the Vice-President-elect shall act as
President until a President shall have been
chosen and qualified.
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If at the beginning of the term of the
President, the President-elect shall have
died or shall have become permanently
disabled, the Vice-President-elect shall
become President.
Where no President and Vice-President
shall have been chosen or shall have
qualified, or where both shall have died or
become permanently disabled, the
President of the Senate or, in case of his
inability, the Speaker of the House of
Representatives shall act as President
until a President or a Vice-President shall
have been chosen and qualified.
The Congress shall, by law, provide for the
manner in which one who is to act as
President shall be selected until a
President or a Vice-President shall have
qualified, in case of death, permanent
disability, or inability of the officials
mentioned in the next preceding
paragraph.
SECTION 8. In case of death, permanent
disability, removal from office, or
resignation of the President, the Vice-
President shall become the President to
serve the unexpired term. In case of death,
permanent disability, removal from office,
or resignation of both the President and
Vice-President, the President of the
Senate or, in case of his inability, the
Speaker of the House of Representatives,
shall then act as President until the
President or Vice-President shall have
been elected and qualified.
The Congress shall, by law, provide who
shall serve as President in case of death,
permanent disability, or resignation of the
Acting President. He shall serve until the
President or the Vice-President shall have
been elected and qualified, and be subject
to the same restrictions of powers and
disqualifications as the Acting President.
Section 7 vs Section 8
Section 7 applies if Section 8 applies if
the vacancy occurs at the vacancy occurs
the start of the term at during mid-term, i.e.,
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noontime of June 30 after noontime of
following every June 30 following
presidential election. every presidential
election.
Rule of Thumb.
- In case of temporary vacancy, the VP-elect
shall take his oath as Vice-President, then
serve as Acting President.
- In case of permanent vacancy, the VP-elect
shall take his oath as President.
Mid-term Succession, Section 8.
- The Vice-President shall serve as Acting
President in case of temporary vacancy.
- The Vice-President shall become
President in case of permanent vacancy,
by reason of death, permanent disability,
removal from office, or resignation of the
President.
Line of Succession.
1 Vice-President
2 President of the Senate
3 Speaker of the House of Representative
4 Whoever is designated by law
Exception: When the VP shall assume as the
new President, the others assume as acting
President.
Vice-Presidential Vacancy
SECTION 9. Whenever there is a vacancy
in the Office of the Vice-President during
the term for which he was elected, the
President shall nominate a Vice-President
from among the Members of the Senate
and the House of Representatives who
shall assume office upon confirmation by
a majority vote of all the Members of both
Houses of the Congress, voting
separately.
Total Mid-Term Vacancy
SECTION 10. The Congress shall, at ten
o’clock in the morning of the third day
after the vacancy in the offices of the
President and Vice-President occurs,
convene in accordance with its rules
without need of a call and within seven
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days enact a law calling for a special
election to elect a President and a Vice-
President to be held not earlier than forty-
five days nor later than sixty days from the
time of such call. The bill calling such
special election shall be deemed certified
under paragraph 2, Section 26, Article VI of
this Constitution and shall become law
upon its approval on third reading by the
Congress. Appropriations for the special
election shall be charged against any
current appropriations and shall be
exempt from the requirements of
paragraph 4, Section 25, Article VI of this
Constitution. The convening of the
Congress cannot be suspended nor the
special election postponed. No special
election shall be called if the vacancy
occurs within eighteen months before the
date of the next presidential election.
SECTION 11.
(Temporary Disability). Whenever the
President transmits to the President of the
Senate and the Speaker of the House of
Representatives his written declaration
that he is unable to discharge the powers
and duties of his office, and until he
transmits to them a written declaration to
the contrary, such powers and duties shall
be discharged by the Vice-President as
Acting President.
(At the Instance of the Cabinet). Whenever
a majority of all the Members of the
Cabinet transmit to the President of the
Senate and to the Speaker of the House of
Representatives their written declaration
that the President is unable to discharge
the powers and duties of his office, the
Vice-President shall immediately assume
the powers and duties of the office as
Acting President.
Thereafter, when the President transmits
to the President of the Senate and to the
Speaker of the House of Representatives
his written declaration that no inability
exists, he shall reassume the powers and
duties of his office.
(Counter Transmittal). Meanwhile, should
a majority of all the Members of the
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Cabinet transmit within five days to the
President of the Senate and to the Speaker
of the House of Representatives their
written declaration that the President is
unable to discharge the powers and duties
of his office, the Congress shall decide the
issue. For that purpose, the Congress
shall convene, if it is not in session, within
forty-eight hours, in accordance with its
rules and without need of call.
(Congressional Determination). If the
Congress, within ten days after receipt of
the last written declaration, or, if not in
session, within twelve days after it is
required to assemble, determines by a
two-thirds vote of both Houses, voting
separately, that the President is unable to
discharge the powers and duties of his
office, the Vice-President shall act as the
President; otherwise, the President shall
continue exercising the powers and duties
of his office.
Serious Presidential Illness.
SECTION 12. In case of serious illness of
the President, the public shall be informed
of the state of his health. The Members of
the Cabinet in charge of national security
and foreign relations and the Chief of Staff
of the Armed Forces of the Philippines,
shall not be denied access to the
President during such illness.
Prohibition.
SECTION 13. The President, Vice-
President, the Members of the Cabinet,
and their deputies or assistants shall not,
unless otherwise provided in this
Constitution, hold any other office or
employment during their tenure. They
shall not, during said tenure, directly or
indirectly, practice any other profession,
participate in any business, or be
financially interested in any contract with,
or in any franchise, or special privilege
granted by the Government or any
subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or their
subsidiaries. They shall strictly avoid
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conflict of interest in the conduct of their
office.
The spouse and relatives by
consanguinity or affinity within the fourth
civil degree of the President shall not
during his tenure be appointed as
members of the Constitutional
Commissions, or the Office of the
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including government-
owned or controlled corporations and
their subsidiaries.
Funa vs Bautista. As DOTC Undersecretary,
Bautista was covered by the stricter prohibition
under Sec. 13, Art. VII. She cannot invoke the
exception in Sec. 7, par. 2, Art. IX-B where
holding another office is allowed by law or the
primary functions of the position. Neither was
she designated OIC of MARINA in an ex-officio
capacity, which is the exception recognized Civil
Liberties Union.
Funa vs Agra. Was the designation of Agra as
Acting Solicitor General and Secretary of
Justice, valid and constitutional?
No, in view of the application of the stricter
prohibition under Sec. 13, Art. VII, Agra did not
validly hold the position of Acting Secretary of
Justice concurrently with the position of Acting
Solicitor General.
Acting President’s Appointment
SECTION 14. Appointments extended by
an Acting President shall remain effective,
unless revoked by the elected President
within ninety days from his assumption or
reassumption of office.
Midnight Appointments
SECTION 15. Two months immediately
before the next presidential elections and
up to the end of his term, a President or
Acting President shall not make
appointments, except temporary
appointments to executive positions when
continued vacancies therein will prejudice
public service or endanger public safety.
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Midnight Appointments.
 It should be noted that this provision is a
limitation on the President’s power of
appointment.
 There is no similar limitation on the power
of appointment of local executives.
 It applies even to appointments to the
judiciary, but does not apply to
appointments to the Supreme Court.
Can an Acting President issue presidential
appointments?
Everything the president can do, the acting
president can do as well. It is considered vaild
and permanent appointments, but acting
president can also issue acting appointments.
AC: Garafil vs Office of the President
Whether or not the petitioner appointment
violate Sec. 15, Art. VII of the 1987
Constitution?
Held: YES. Petitioners have failed to show
compliance with all four elements of a valid
appointment. Petitioners admit that they took
their oaths of office during the appointment
ban.
De Castro vs JBC
Was the nomination and appointment of CJ
Corona covered under the ban set forth in
Section 15, Article VII?
NO. Had the framers intended to extend the
prohibition contained in Section 15, Article VII to
the appointment of Members of the Supreme
Court, they could have explicitly done so.
Garafil vs Office of the President
Is EO No. 2 which withdrew and revoked
appointments dated after March 11, 2010 and
even those dated before but the appointee
accepted, took his oath or assumed only after
March 11. 2010---unconstitutional?
YES. EO No. 2 ordered the withdrawal and
revocation of midnight appointments, pursuant
to Sec. 15, Art. VII of the Constitution.
Rule of Thumb
The appointment ban under Section 15, Article
VII covers all appointments in the Philippine
bureaucracy except:
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 Appointments in the Judicial
Department. (De Castro Case)
 Temporary appointments (Article VII) to
executive positions in view of the
exigency of public service and public
safety.
Executive Power
Appointing Power Section 16, Art. VII
Control Power Section 17, Art. VII
Military Power Section 18, Art. VII
Pardoning Power Section 19, Art. VII
Borrowing Power Section 20, Art. VII
Foreign Relations Section 21, Art. VII
Power
Budgetary Power Section 22, Art. VII
Residual Power Section 20, EO 292
SECTION 16. The President shall nominate
and, with the consent of the Commission
on Appointments, appoint the heads of the
executive departments, ambassadors,
other public ministers and consuls, or
officers of the armed forces from the rank
of colonel or naval captain, and other
officers whose appointments are vested in
him in this Constitution. He shall also
appoint all other officers of the
Government whose appointments are not
otherwise provided for by law, and those
whom he may be authorized by law to
appoint. The Congress may, by law, vest
the appointment of other officers lower in
rank in the President alone, in the courts,
or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to
make appointments during the recess of
the Congress, whether voluntary or
compulsory, but such appointments shall
be effective only until after disapproval by
the Commission on Appointments or until
the next adjournment of the Congress.
Nature of Appointing Power.
- Executive in nature
- An executive function, therefore the
legislature may not usurp such function
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- The legislature may create an office and
prescribe the qualifications of the person
who may hold the office, but may neither
specify who shall be appointed to such
office nor actually appoint them
Scope of the Power of the Commission on
Appointments.
The ONLY presidential appointments that need
the consent of the Commission on
Appointments under Section 16:
- The heads of the executive department
- Ambassadors
- Other public ministers and consuls
- Officers of the armed forces from the rank
colonel or navel captain
- and other officers whose appointments are
vested in him in this Constitution
“all other officers of the government whose
appointment are not otherwise provided by
law” – mean that when a law creating an office
does not specify who shall appoint the officer,
the appointment must be made by the
President.
Appointments of officers in lower rank
- The appointing authority may also be given
to other officials than the president.
- When the authority is given to head of
collegial bodies, it is to the chairman that
the authority is given and not to the body.
But he can appoint only officers “lower in
rank” and not officers equal in rank to him.
Thus, a chairman may not appoint a fellow
member of a board.
Types of Presidential Appointments
1. Appointments requiring CA
confirmation
2. Appointments authorized by law
3. Appointments not otherwise provided
for by law
4. Appointments of officers lower in rank
which the law may vest in the President
to appoint
Rule of Thumb
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The presidential power to appoint carries with it
the power to “disappoint”, or the power to hire
includes the power to “fire” except:
• Appointees in the civil service who can only
be removed for cause wand with due
process
• Appointees that can only be removed by
impeachment
Garafil vs Office of the President
Is acceptance by an appointee necessary to the
validity or completion of an appointment?
YES, it is necessary to the validity and
completion of an appointment. The concurrence
of all steps in the appointment process must be
strictly applied on appointments made just
before or during the appointment ban
Gonzales vs OP
Can the President remove the Deputy
Ombudsman and the Special Prosecution?
- YES. The President can. For lack of
majority vote, the challenge of
unconstitutionality and Sec, 8 (2) od RA
No. 6770 is denied. (2012)
- QUALIFIED YES. He can remove the
Special Prosecutor but not the Deputy
Ombudsman so as to protect the
independence of the latter. (2014 MR)
Ad-interim Appointments.
• These are permanent appointments made
by the President during the recess of
Congress (during which the Commission on
Appointments does not meet)
• Can be made only when congress is not in
session
• Effective immediately without the need of
confirmation by the Commission on
Appointments, but the effectivity lasts “only
until disapproval by the Commission on
Appointmens or until the next adjournment
of the congress.
Acting Ad-Interim
Extended any time Extended only
there is a vacancy during congressional
recess
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Not submitted to the submitted to the
Commission on Commission on
Appointments for Appointments for
confirmation confirmation
Temporary in nature Permanent/
conditional
Pimentel vs Ermita
While Congress is in session, can the President
issue acting appointments to department
secretaries without the consent of CA?
YES, the President can issue appointments, in
an acting capacity, not exceeding one year, to
department secretaries without CA’s consent
even while Congress is in session
Guevarra vs Inocentes
How should ad-interim appointments be treated
if CA was not constituted upon adjournment?
Whether the Commission on Appointments
have been constituted or not, all unacted ad-
interim appointments shall be deemed by
passed upon adjournment of Congress.
SECTION 17. The President shall have
control of all the executive departments,
bureaus, and offices. He shall ensure that
the laws be faithfully executed.
Power of Control. The power of an officer to
alter, modify or nullify or set aside what a
subordinate officer had done in the performance
of his duties and to substitute the judgement of
the former for that of the latter.
- includes the power to reorganize
executive officials
- Reorganization – can involve the
reduction of personnel, consolidation of
offices, or even abolition of positions by
reason of economy or redundancy of
function
Qualified Political Agency
Save in matters on which the constitution or the
circumstance require the President to act
personally, the acts and decisions of the
secretaries of the different departments are acts
and decisions of the President, unless and until
reprobated or overruled by the President.
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“He shall ensure that the laws be faithfully
executed” - this means that the President can
do whatever is needed to ensure that laws,
general or special be followed.
AC: Degamo vs Relampagos
In withdrawing SARO, can an undersecretary
invoke the qualified political agency doctrine?
Held. Secretary Abad can invoke the doctrine
of qualified political agency. Thus, this Court
rules that private respondent, under Abad’s
authority, may exercise the power to withdraw
the Special Allotment Release Order through
the letter-advice sent to petitioner
AC: Psalm vs. CIR
Can the President’s constitutional power of
control over all the executive departments,
bureaus and offices cannot be curtailed or
diminished by law?
Held. NO. Since the Constitution has given
the President the power of control, with all its
awesome implications, it is the Constitution
alone which can curtail such power.
Faithful Execution Clause
BIRAOGO VS. PTC. Is the creation of the
PTC is justified by the President’s power of
control?
NO, but it finds justification under Section 17,
Article VII of the Constitution, imposing upon
the President the duty to ensure that the laws
are faithfully executed.
SAGUISAG VS. OCHOA. Is the faithful
execution clause a grant of separate power
to the President?
NO. The faithful execution clause is an
obligation imposed on the President, and not
a separate grant of power. The duty to
faithfully execute the laws of the land is
inherent in executive power and is intimately
related to the other executive functions.
SECTION 18. The President shall be the
Commander-in-Chief of all armed forces of
the Philippines and whenever it becomes
necessary, he may call out such armed
forces to prevent or suppress lawless
Reviewer by Lawst Students Constitutional Law 1
violence, invasion or rebellion. In case of
invasion or rebellion, when the public
safety requires it, he may, for a period not
exceeding sixty days, suspend the
privilege of the writ of habeas corpus or
place the Philippines or any part thereof
under martial law. Within forty-eight hours
from the proclamation of martial law or the
suspension of the privilege of the writ of
habeas corpus, the President shall submit
a report in person or in writing to the
Congress. The Congress, voting jointly, by
a vote of at least a majority of all its
Members in regular or special session,
may revoke such proclamation or
suspension, which revocation shall not be
set aside by the President. Upon the
initiative of the President, the Congress
may, in the same manner, extend such
proclamation or suspension for a period to
be determined by the Congress, if the
invasion or rebellion shall persist and
public safety requires it.
The Congress, if not in session, shall,
within twenty-four hours following such
proclamation or suspension, convene in
accordance with its rules without any need
of a call.
The Supreme Court may review, in an
appropriate proceeding filed by any
citizen, the sufficiency of the factual basis
of the proclamation of martial law or the
suspension of the privilege of the writ or
the extension thereof, and must
promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend
the operation of the Constitution, nor
supplant the functioning of the civil courts
or legislative assemblies, nor authorize
the conferment of jurisdiction on military
courts and agencies over civilians where
civil courts are able to function, nor
automatically suspend the privilege of the
writ.
The suspension of the privilege of the writ
shall apply only to persons judicially
charged for rebellion or offenses inherent
in or directly connected with the invasion.
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During the suspension of the privilege of
the writ, any person thus arrested or
detained shall be judicially charged within
three days, otherwise he shall be released.
Power of the President
- Calling out powers to prevent or supress
lawless violence, invasion, or rebellion
- Power to suspend the privilege of WHC.
- Power to place the country or part thereof
under martial law, in cases of invasion or
rebellion when public safety requires it
As a Commander-in-chief, the President:
- Is not a member of the armed forces, he
remains a civilian
- Action is not subject to judicial review
(unlike his suspension of the privilege of the
writ of habeas corpus)
Padilla vs Congress
Has the Congress the mandatory duty to
convene jointly upon the President’s
proclamation of martial law on the suspension
for the privilege of the privilege of the writ of
habeas corpus?
NO. Congress is not constitutionally mandated
to convene in joint session except to vote jointly
to revoke the President’s declaration or
suspension
Checks and Balance
The Congress, voting jointly, by a vote of at least
a majority of all its Members in regular or special
session, may revoke such proclamation or
suspension, which revocation shall not be set
aside by the President.
Blending Powers
Upon the initiative of the President, the
Congress may, in the same manner, extend
such proclamation or suspension for a period to
be determined by the Congress, if the invasion
or rebellion shall persist and public safety
requires it.
PADILLA V CONGRESS
Reviewer by Lawst Students Constitutional Law 1
Has the Congress the mandatory duty to
convene jointly upon the President’s
proclamation of martial law on the suspension
for the privilege of the privilege of the writ of
habeas corpus?
NO. Congress is not constitutionally
mandated to convene in joint session except
to vote jointly to revoke the President’s
declaration or suspension
Institutional Duty to Convene
The Congress, if not in session, shall, within
twenty-four hours following such proclamation
or suspension, convene in accordance with its
rules without need of a call.
LAGMAN V PIMENTEL
How many times and for how long can
Congress, upon the initiative of the President,
may extend the proclamation of martial law or
the suspension of the privilege of habeas
corpus?
Held. Subject to constitutional limitations,
Congress has the plenary to make that
determination as to the number of times and
the period of time of the extension.
Did the President and the Congress have
sufficient factual basis to extend Proc. No.
216?
Held. YES. Because (a) the imvasion or
rebellion persists; and (b) public safety
requires the extension.
Citizen’s Suit.
- Section 18 (3)
LAGMAN VS. MEDIALDEA
Whether or not the petitions are the “appropriate
proceeding” covered by par. 3, Section 18,
Article VII of the Constitution?
YES. “Appropriate proceeding” appearing on
the third par. of Section 18, Article VII refers to
any action initiated by a citizen questioning the
sufficiency of the factual basis of the exercise of
the Chief Executive’s emergency powers. - The
jurisdiction of the Supreme Court under the third
paragraph of Section 18, Article VII is sui
generis. It is a special and specific jurisdiction
of the Supreme Court different from those
enumerated in Sections 1 and 5 of Article VIII.
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State Martial Law
- Section 18 (4)
- The suspension of the privilege of the
writ of habeas corpus shall apply only to
persons judicially charged for rebellion or
offenses inherent in, or directly connected
with, invasion. During the suspension of the
privilege of the writ of habeas corpus, any
person thus arrested or detained shall be
judicially charged within three days,
otherwise he shall be released.
FORTUN VS. ARROYO
Is the power to declare martial law or suspend
the privilege of the writ of habeas corpus a
shared power of the President with Congress?
The Supreme Court must allow Congress to
exercise its own review powers on the martial
law declaration first, before exercising its own
review powers.
LAGMAN VS. MEDIALDEA
Whether or not the exercise of the power of
judicial review by this Court involves the
calibration of graduated powers granted the
President as Commander-in-Chief?
- NO, as it would be tantamount to an incursion
into the exclusive domain of the Executive and
an infringement on the prerogative that solely at
least initially, lies with the President.
Whether or not nullifying Proc. No. 216 will (a)
have the effect of recalling Proc. No. 559 or (b)
also nullify the acts of the President on calling
out the AFP to quell lawless violence on Marawi
and other parts of Mindanao region?
- NO. The President may call out the AFP
independently of the power to suspend the
privilege pf the WHC and to declare martial law.
Whether or not public safety requires the
declaration of martial law and the suspension of
the privilege of the writ of habeas corpus in the
whole of Mindanao?
- YES, there is reasonable basis to believe that
Marawi is only the staging point of the rebellion.
Reviewer by Lawst Students Constitutional Law 1
Marawi may not be the target but the whole of
Mindanao.
SECTION 19. Except in cases of
impeachment, or as otherwise provided in
this Constitution, the President may grant
reprieves, commutations and pardons,
and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant
amnesty with the concurrence of a
majority of all the Members of the
Congress.
Purpose of executive clemency
• exists as an instrument for correcting
infirmities in the administration of justice
and for mitigating whatever harshness
might be generated by a too strict
application of law
• Clemency is not a function of the judiciary,
it is an executive function.
• The power of executive clemency is a non-
delegable power and must be exercised by
the President personally
Pardon vs Amnesty
• Pardon – is an act of grace, proceeding
from the power entrusted with the execution
of the laws, which exempts the individual on
whom it is bestowed, from the punishment
the law inflicts for a crime he has committed
• Amnesty – commonly denotes the “general
pardon to rebels for their treason and other
high political offenses” or the forgiveness
which one sovereign grants to the subjects
of another, who have offended by some
breach of the law of nations.
Pardon Amnesty
- Pardon looks to the - Amnesty looks
future. backward.
- Given to individuals. - Given to a group.
- Final conviction - No need of final
required. conviction.
- No need of - Required concurrence
congressional of majority of all
concurrence. members of Congress.
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AC: Vidal vs COMELEC
Can the pardoning power of the President be
limited by legislative action?
Held. NO. The pardoning power of the
President cannot be limited by legislative
action. Subject to the limitations imposed by
the Constitution, the pardoning power cannot
be restricted or controlled by legislative
action.
Rule of Thumb
• A pardon may be granted not only on a
criminal conviction but also on a lesser
administrative conviction.
• The power to extend executive clemency by
the President does not apply to
administrative cases involving employees
in the judiciary and in Congress.
SECTION 20. The President may contract
or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior
concurrence of the Monetary Board, and
subject to such limitations as may be
provided by law. The Monetary Board
shall, within thirty days from the end of
every quarter of the calendar year, submit
to the Congress a complete report of its
decisions on applications for loans to be
contracted or guaranteed by the
Government or government-owned and
controlled corporations which would have
the effect of increasing the foreign debt,
and containing other matters as may be
provided by law.
SECTION 21. No treaty or international
agreement shall be valid and effective
unless concurred in by at least two-thirds
of all the Members of the Senate.
SECTION 22. The President shall submit to
the Congress within thirty days from the
opening of every regular session, as the
basis of the general appropriations bill, a
budget of expenditures and sources of
financing, including receipts from existing
and proposed revenue measures.
Borrowing Power. Section 20.
Reviewer by Lawst Students Constitutional Law 1
• The president has the constitutional power
to contract and guarantee foreign loans but
ONLY with the concurrence of the Monetary
Board
Foreign Relations Power, Section 21
• Only a President alone can abrogate a
treaty.
Budgetary Power, Section 22
• the basis of the General Appropriations bill
• prepared by the President and submitted to
Congress within 30 days from the opening
of every regular session
• Congress cannot increase the
appropriation recommended by the
President
• “source of financing” - the phrase implies
that financing can come from sources other
than revenue measures
Araullo vs Aquino
The four phases of comprising the Philippine
budget process:
1. Budget Preparation
2. Budget Legislation
3. Budget Execution
4. Budget Accountability
RESIDUAL POWER (SEC 20, E.O. 292,
ADMINISTRATIVE CODE OF 1987)
Unless Congress provides otherwise, the
President shall exercise such other powers and
functions vested in the President which are
provided for under the laws and which are not
specifically enumerated above, or which are not
delegated by the President in accordance with
law.
AC: Zabal vs Duterte
If it was a police power measure, did the
President usurp legislative power by
temporarily closing Boracay through Proc No.
475?
Held. Proclamation is not a law and
conversely, the President did not usurp the
law-making power of the legislature. Proc No
475 does not actually impose a restriction on
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the right to travel, it being a temporary
measure.
Presidential SONA
SECTION 23. The President shall address
the Congress at the opening of its regular
session. He may also appear before it at
any other time.
ARTICLE VIII: JUDICIAL POWER
SECTION 1. The judicial power shall be
vested in one Supreme Court and in such
lower courts as may be established by
law.
(Expanded Certiorari Jurisdiction).
Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and
to determine whether or not there has
been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
What is Judicial Power?
• Judicial power is the totality of powers a
court exercise when it assumes jurisdiction
and hears and decides a case.
• It includes the duty of the courts of justice to
settle actual controversies involving rights
which are legally demandable and
enforceable.
• To determine whether or not there has been
a grave abuse of discretion amounting to
lack or excess of jurisdiction on the art of
any branch or instrumentality of the
government. (Expanded Certiorari
Jurisdiction)
What are its inherent limitations?
• cannot attempt to assume nor be
compelled to perform non-judicial
functions
• cannot render advisory opinion
Reviewer by Lawst Students Constitutional Law 1
Note: The SC cannot be abolished without
amending the Constitution. However, inferior
courts can be abolished by law.
Expanded Judicial Power.
Jardeleza vs CJ Sereno. Can the Supreme
Court exercise its expanded certiorari
jurisdiction over the JBC which does not
exercise judicial or quasi-judicial function?
Yes. The invocation of the “unanimity rule” on
integrity violated Jardeleza’s right to due
process, thus, the Court is of the position that it
can exercise the expanded judicial power of
review.
Cudia vs PMA. Can the court exercise the
judicial power to determine whether the AFP
and the members of the court martial acted with
grave abuse of discretion in their military
investigation?
Yes. The Court has been entrusted with both the
duty and the obligation of determining the
validity of any assailed legislative or executive
action.
Grave Abuse of Discretion.
- Act is done contrary to the Constitution,
the law, and jurisprudence; or
- Act is executed whimsically, capriciously
or arbitrarily our of malice, ill will or
personal bias
AC: Arroyo vs People
Considering Sec. 23, Rule 119 of the Rules of
Court, can the Supreme Court review on
certiorari the Sandiganbayan Order denying
accused’s Demurrer to Evidence (motion to
dismiss)?
Held. Yes, so as to correct grave abuse of
discretion which cannot be thwarted by rules
of procedure to the contrary or for the sake of
the convenience of one side.
AC: Republic vs Sereno
Is the SC’s exercise of its jurisdiction over a
quo warranto petition violative of the doctrine
of separation of powers?
Held. No. The court’s authority to issue a writ
of quo warranto is complementary to, and not
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violative of, the doctrine of separation of
powers.
The court’s exercise of its jurisdiction over
quo warranto proceedings does not preclude
Congress from enforcing its own prerogative
of determining probable cause for
impeachment, to craft and transmit the
Articles of Impeachment, nor will it preclude
Senate from exercising its constitutionally
committed power of impeachment.
SECTION 2. The Congress shall have the
power to define, prescribe, and apportion
the jurisdiction of various courts but may
not deprive the Supreme Court of its
jurisdiction over cases enumerated in
Section 5 hereof.
No law shall be passed reorganizing the
Judiciary when it undermines the security
of tenure of its Members.
Role of Congress. The Congress shall have
the power to define, prescribe, and apportion
the jurisdiction of various courts but may not
deprive the Supreme Court of its jurisdiction
over cases enumerated in Sec. 5 hereof.
Congress has the power to:
- Define, prescribe, and apportion the
jurisdiction of various courts except the
SC
- Define such enforceable and
demandable rights and prescribe
remedies for violations of such rights.
(Includes the power to abolish courts)
- Create courts inferior to the SC
SECTION 3. The Judiciary shall enjoy
fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the
legislature below the amount appropriated
for the previous year and, after approval,
shall be automatically and regularly
released.
Judiciary Fiscal Autonomy
- The basic aim of Judicial Fiscal
Autonomy is to assure its independence
Reviewer by Lawst Students Constitutional Law 1
- Does not prevent Congress from looking
into the additional allocation
- The Judiciary should not be exempt from
the budgetary process of submitting and
justifying its budget.
- Appropriations for the Judiciary may not
be reduced by the legislature below the
amount appropriated for the previous
year and, after approval, shall be
automatically and regularly released
- Judiciary has the plenary authority on
how to segregate and spend the money
subject to existing COA rules and
regulations, not the DBM
SECTION 4. (1) The Supreme Court shall
be composed of a Chief Justice and
fourteen Associate Justices. It may sit en
banc or in its discretion, in divisions of
three, five, or seven Members. Any
vacancy shall be filled within ninety days
from the occurrence thereof.
(2) All cases involving the constitutionality
of a treaty, international or executive
agreement, or law, which shall be heard by
the Supreme Court en banc, and all other
cases which under the Rules of Court are
required to be heard en banc, including
those involving the constitutionality,
application, or operation of presidential
decrees, proclamations, orders,
instructions, ordinances, and other
regulations, shall be decided with the
concurrence of a majority of the Members
who actually took part in the deliberations
on the issues in the case and voted
thereon.
(3) Cases or matters heard by a division
shall be decided or resolved with the
concurrence of a majority of the Members
who actually took part in the deliberations
on the issues in the case and voted
thereon, and in no case, without the
concurrence of at least three of such
Members. When the required number is
not obtained, the case shall be decided en
banc: Provided, that no doctrine or
principle of law laid down by the court in a
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decision rendered en banc or in division
may be modified or reversed except by the
court sitting en banc.
What cases can be heard by the Supreme
Court en banc?
• All cases involving the constitutionality of a
treaty, international or executive
agreement, or law;
• All cases involving the constitutionality,
application or operation of PD,
proclamation, orders, instructions,
ordinances and regulations;
• All cases where the Supreme Court
modifies or reverses a doctrine or principle
of law;
• All administrative cases where the vote is
dismissal of a lower court judge or justice;
• Election contests for the President and VP;
and
• Cases heard by the division when the
required majority is not obtained in the
division.
Supreme Court in division.
• Those cases where en banc is not required
• In divisions of 3, 5 or 7 (Sec 4, 1)
• Decisions or resolutions of a division of the
court are not inferior to an en banc decision
• In division is for speedy disposition of
cases
Is the Supreme Court only a trier of law?
No. But petitions must be questions of law or
else it will be dismissed.
Can the SC in division’s decision be
appealed to the SC en banc?
No. SC en banc only when the required number
of votes is not obtained in a division—3 votes.
The rule applies to the initial decision of a case
and not to a reconsideration of the initial
decision.
But a filing of a motion for reconsideration is
allowed.
Fortich vs Corona
Reviewer by Lawst Students Constitutional Law 1
- Cases are “decide” while matters, which
include motions for reconsideration, are
“resolved”
AC: FASAP vs PAL
May the Court entertain PAL’s second motion
for reconsideration (MR)?
Held. Yes. Since the Court granted PAL’s
motion for leave to file a second MR, the
second MR ceases to be a prohibited
pleading. Besides second MR may be
allowed in the higher interest of justice.
Note:
- Both Division and En Banc can lay
down a doctrine or principle of law but
only the SC En Banc can modify or
reverse the same.
- Under the rules, if there is a tie vote (2-
2-1) in a motion for reconsideration in a
Division, the motion is deemed to have
been denied.
SECTION 5. The Supreme Court shall have
the following powers:
(1) Exercise original jurisdiction over
cases affecting ambassadors, other public
ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the
constitutionality or validity of any
treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction,
ordinance, or regulation is in
question.
(b) All cases involving the legality of
any tax, impost, assessment, or toll,
or any penalty imposed in relation
thereto.
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(c) All cases in which the jurisdiction
of any lower court is in issue.
(d) All criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or
question of law is involved.
(3) Assign temporarily judges of lower
courts to other stations as public interest
may require. Such temporary assignment
shall not exceed six months without the
consent of the judge concerned.
(4) Order a change of venue or place of
trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading, practice,
and procedure in all courts, the admission
to the practice of law, the Integrated Bar,
and legal assistance to the
underprivileged. Such rules shall provide
a simplified and inexpensive procedure for
the speedy disposition of cases, shall be
uniform for all courts of the same grade,
and shall not diminish, increase, or modify
substantive rights. Rules of procedure of
special courts and quasi-judicial bodies
shall remain effective unless disapproved
by the Supreme Court.
(6) Appoint all officials and employees of
the Judiciary in accordance with the Civil
Service Law.
What is the Power of Judicial Review?
- An aspect of judicial power
- Specially refers to both the authority and
the duty of this Court to determine
whether a branch or an instrumentality of
government has acted beyond the scope
of the latter’s constitutional powers.
What are political questions?
• Questions, which, under the Constitution,
are to be decided by the people in their
sovereign capacity, or in regard to which full
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discretionary authority has been delegated
to the legislative or executive branch of the
government. (Tanada vs Cuenco)
• If there is grave abuse of discretion, power
of judicial review can be used
• In the 1987 Constitution, it was not
abolished.
Imbong vs Ochoa. Can SC exercise its power
of judicial review over the RH law: a social
legislation which is “a product of a majoritarian
democratic process” and “characterized by an
inordinate amount of transparency”?
Held. Yes. Not on its wisdom, justice or
expediency but on its attendant
unconstitutionality.
Ocampo vs Enriquez. Does Duterte’s decision
to have the remains of Marcos interred at the
LNMB involve a justiciable controversy?
Held. No. Duterte’s decision to have the
remains of Marcos interred at the LNMB
involves a political question that is not a
justiciable controversy.
Saguisag vs Ochoa. Did the 1987 Constitution
limit or expand the power of judicial review?
- The power of judicial review has since been
strengthened in the 1987 Constitution
extending to the determination of whether in
matters traditionally within the sphere of
appreciation of another branch of
government, an exercise of discretion was
with grave abuse.
- The expansion of this power has made the
political question doctrine “no longer the
insurmountable obstacle to the exercise of
judicial power or the impenetrable shield
that protects executive and legislative
actions from judicial inquiry or review.”
Threshold issues.
1. Actual Controversy. Controversy must be
justiciable-definite and concrete, touching on
the legal relations of parties having adverse
legal interests.
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Imbong vs Ochoa. Considering that the RH law
has yet to be implemented, do the petitions
present actual controversy ripe for adjudication?
Held. Yes, considering that RH Law and its
implementing rules have already taken effect
and that the budgetary measures to carry out
the law have already been passed.
AC: PHAPI vs Medialdea
In challenging the constitutionality of the Anti-
Hospital Deposit Law (R.A. No. 10932), did
the petitioners satisfy the threshold issues of
actual controversy and locus standi?
Held. No. PHAPI failed to allege that they
suffered an actual or direct injury as a result
of a grave abused of discretion. In the
absence of an actual and direct injury, any
pronouncement by the Court would be purely
advisory or sheer legal opinion, in view of the
mere hypothetical scenarios which the instant
petition presents. Since PHAPI is not a
hospital, it is an association, and it has not
been duly authorized by its members to
represent them in their behalf, it has no legal
standing.
2. Locus Standi. A personal and substantial
interest in a case such that the party has
sustained or will sustain direct injury as a result
of the challenged governmental act.
Legal Standing Based on the Nature of the
Case to be Filed:
• A citizen’s suit must make a specific
assertion of a particular public right that
would be violated by the enforcement of law
or order.
• As taxpayer’s suit must establish that the
law involves the exercise by Congress of its
taxing or spending powers.
• A legislator’s suit must show how
impairment of its constitutional prerogatives
and powers.
Saguisag vs Ochoa. Will the present petitions
qualify as citizens’ taxpayers’, or legislators’ suit
and, thus, the petitioners have legal standing?
- No. as a citizen suit, petitioners failed to
make any specific assertion of a particular
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public right that would be violated by the
enforcement of EDCA.
- As taxpayers, petitioners failed to establish
that EDCA involves the exercise by
Congress of its taxing or spending powers.
- As party list congressmen, co-petitioners
failed to prove that EDCA impairs the
constitutional prerogatives, powers, and
privileges of their office.
3. Very lis mota. It is when the principal action
is to seek the declaration of the
unconstitutionality of a law, treaty, etc. In other
actions, if the case cannot be resolved without
resolving the issue of constitutionality.
Liban vs Gordon
This court should have exercised judicial
restraint in voiding certain sections of the PNRC
Charter, especially since these was some other
ground upon which the Court could have based
its judgment. The issue of constitutionality of RA
No. 95 was not the very lis mota of the case.
4. Raised at Earliest Opportunity. As soon as
the issue of constitutionality becomes manifest
and clear, it must right away be raised.
The questions of constitutionality must be raised
at the earliest opportunity so that if not raised in
the pleadings, ordinarily it may not be raised in
the trial, and if not raised in the trial court, it will
not be considered on appeal.
Garcia vs Drilon.
The question of constitutionality must be raised
at the earliest opportunity. Courts will not
anticipate a question of constitutional law in
advance of the necessity of deciding it.
5. Matters of Transcendental Importance are
matters that illicit public interest in view of:
• The character of the funds/assets involved
• Disregard of a constitutional or statutory
prohibition by the public respondent, and
• Absence of directly affect parties
Only locus standi is waived in case of MTI.
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Saguisag vs Ochoa. Does this petition involve
matters of transcendental importance?
Held. Yes. Petitioners have presented serious
constitutional issues that provide ample
justification for the Court to set aside the rule on
standing. The transcendental importance of the
issues presented here is rooted in the Section
25, Article XVIII of the Constitution.
Hierarchy of Courts Doctrine
• In the absence of special reasons, parties
cannot seek reliefs directly from the
Supreme Court in cases where the latter
exercises concurrent original jurisdiction
with the RTC and CA like in the issuance of
the writ of certiorari, prohibition and
mandamus.
• Cases will have to go through a filtering
process.
Republic vs Sereno. In view of the doctrine of
the hierarchy of courts, is direct resort to this
Court justified?
Held. Direct resort to the Supreme Court is
justified considering that the action for quo
warranto questions the qualification of no less
than a Member of this Court.
AC: GIOS-Samar vs DOTC
What is the “common thread” for direct
recourse to the Court under the Angara
model?
Held. Under the Angara model, the “common
threat” or the common denominator of all
these cases directly brought before this Court
is that the threshold questions presented
before us are ones of law and not of facts.
Operative Fact Doctrine
• Prior to the declaration of unconstitutionality
of any legislative or executive measure, its
“actual existence” is an operative fact. The
declaration of nullity of the legal
consequence it may have created during its
“actual existence”
• Applies to laws, executive and
administrative issuances declared
unconstitutional,
Reviewer by Lawst Students Constitutional Law 1
Hacienda Luisita vs PARC. Does the operative
fact doctrine apply only to laws subsequently
declared unconstitutional or unlawful and not to
executive acts subsequently declared as
invalid?
Held. The operative doctrine applies to laws and
executive acts subsequently declared as invalid.
Araullo vs Aquino. As a general rule, the
nullification of an unconstitutional law or act
carries with it the illegality of its effects.
However, in cases where nullification of the
effects will result in inequity and injustice, the
operative fact doctrine may apply to projects
(PAPs) that cannot be undone.
- But the operative fact doctrine cannot apply
to authors, proponents and implementors of
the DAP, unless there are concrete
findings…
- The court has agreed during its
deliberations to extend to the authors,
proponents and implementors of the DAP
the benefit of the doctrine of operative fact.
This is because they had nothing to do…
AC: Mandanas vs Ochoa
With the declaration of the unconstitutionality
of some portions of Section 284 of the LGC,
are the LGUs entitled to recover the arrears in
their just share or should the operative fact
doctrine apply?
Held. No. The SC’s declaration of the
constitutionality of some portions of Section
284 of the LGU, shall have prospective
application. The adjusted amounts shall be
given to the LGUs starting with the 2022
Budget Cycle.
Rule of Thumb
• Prior to the declaration of unconstitutionality
of any legislative or executive measure, its
“actual existence” is an operative fact.
• The declaration of nullity shall not carry with
it the nullity of the legal consequences it
may have created during its “actual
existence”.
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• Operative Fact Doctrine applies to laws,
Executive Orders and other Presidential
Proclamations.
Rule-Making Power
• Protection and enforcement of
constitutional rights (writs of amparo and
habeas data).
• Pleading, practice, and procedure in all
courts (Rules of Court; The Code of
Professional Responsibility).
• Admission to the Bar.
• The IBP and Legal Assistance
Limitations to the SC’s Rule-making power:
1. Shall provide a simplified and inexpensive
procedure for the speedy disposition of
cases
2. Shall be uniform for all courts of the same
grade, and
3. Shall not diminish, increase or modify
substantive rights (this is a power of the
Congress)
SC’s Rule-Making Power Writs:
• Writ of Amparo
• Writ of Habeas Data
• Writ of Kalikasan
As it now stands, the 1987 Constitution textually
altered the old provisions by deleting the
concurrent power of Congress to amend the
rules, thus solidifying in one body the Court’s
rule-making powers, in line with the framers’
vision of institutionalizing a stronger and more
independent judiciary.
Carpio-Morales vs Binay. Is the first paragraph
of Sec. 14, RA 6770 insofar as it prohibits all
courts (except the SC), form issuing provisional
writs of injunction to enjoin an Ombudsman
investigation, valid and constitutional?
• The first paragraph of Sec. 14, RA 6770 is
declared ineffective as it intrudes into the
rule-making power of the SC.
• While Congress has been vested with the
authority to define, prescribe, and apportion
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the jurisdiction of the various courts as well
as to create statutory courts, it does not
result in an abnegation of the court’s own
power to promulgate rules of pleading,
practice, and procedure under Sec. 5(5),
Art. VIII of the 1987 Constitution.
AC: Estipona vs Judge Lobrigo
Is Sec 23 of RA No 9165, which prohibits plea
bargaining in drug cases, unconstitutional for
being contrary to the rule-making authority of
the Supreme?
Held. Yes. Plea bargaining is a rule of
procedure and well within the exclusive rule-
making power of the Supreme Court.
SECTION 6. The Supreme Court shall have
administrative supervision over all courts
and the personnel thereof.
Power of Administrative Supervision of the
Supreme Court includes:
Section 11:
 Power to [sitting en banc] discipline judges
of lower courts
 Power to order their dismissal by a vote of
a majority of the Members who actually took
part in the deliberations on the issues in the
case and voted thereon
Maceda vs Vasquez.
- Ombudsman may not investigate a judged
independently of any administrative action
of the SC
- Only the SC can oversee the judges’ and
court personnel’s compliance with all laws,
and take the proper administrative action
against them if they commit any violation
thereof.
Judge Caoibes v. Ombudsman:
• The Ombudsman cannot determine for
itself and by itself whether a criminal
complaint against a judge, or court
employee, involves an administrative
matter. He must refer to the SC for
determination as to whether an
administrative aspect in involved therein.
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• The Ombudsman cannot dictate findings
that a case before it does or does not have
administrative implications. To do so is to
deprive the Court of the exercise of it
administrative prerogatives and to arrogate
unto itself a power not constitutionally
sanctioned.
AC: Agcaoili vs. Fariñas
Does the Court's administrative supervision
over lower courts allow it to assume
jurisdiction over a petition pending before the
lower courts?
Held. No, administrative supervision emrely
involves overseeing the operations of
agencies to ensure that they are managed
effectively, efficiently and economically, but
without interference with day-to-day activities.
AC: OCA vs Judge Ruiz
Is respondent judge administratively liable for
acts he is alleged to have committed while he
was still the mayor of Dapitan City?
Held. Yes. It is immaterial that the respondent
was not yet a member of the Judiciary when
he allegedly committed the acts imputed for
acts committed prior to their appointment to
the judiciary.
AM NO. 13-09-08-SC. (2013)
Is the requirement of seeking a Clearance of
Pendency/Non-Pendency of Admin. Case from
the CSC embodied in Sec. 7, Rule III, IRR of RA
10154, applicable to retiring Judiciary
employees?
Held. No. to deem it otherwise would disregard
then Court’s constitutionally-enshrined power of
administrative supervision over its personnel.
SECTION 7. (1) No person shall be
appointed Member of the Supreme Court
or any lower collegiate court unless he is
a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at
least forty years of age, and must have
been for fifteen years or more a judge of a
lower court or engaged in the practice of
law in the Philippines.
(2) The Congress shall prescribe the
qualifications of judges of lower courts,
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but no person may be appointed judge
thereof unless he is a citizen of the
Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a
person of proven competence, integrity,
probity, and independence.
Qualifications of members of the SC:
Section 7(1) and (3):
• Natural-born citizens of the PH;
• At least 40 years of age;
• Must have been:
o A judge of a lower court for 15 years
or more; or
o Engaged in the practice of law in the
PH; and
• Of proven competence, integrity, probity,
and independence (CIPI).
o Competence – passed the bar;
number of years practicing the law
o Integrity, probity and independence
– neutrality of one seen by the public
Qualifications of judges of single-member
courts: Section 7(2) and (3):
• Either natural-born or naturalized citizens
o Intent:
 to open up courts lower than
collegiate courts to naturalized
citizens on the subject
 Congress cannot require that judges
of courts lower than collegiate courts
be natural-born citizens
Practice of law. Anything that has to do with the
knowledge of law. Legal consultant is qualified
under the practice of law.
AC: Republic vs Sereno
Does compliance with the constitutional and
statutory requirement of filing of SALN
intimately relates to a person's integrity?
Held. Yes. SALN requirement is imposed no
less than Section 17, Article XI of the
Constitution and made more emphatic by its
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accompanying laws and its implementing
rules and regulations
Can the qualifications under the Constitution
be waived by the JBC?
Held. No. the JBC’s exercise of discretion is
limited by the Constitution itself when it
prescribed the qualifications absolutely
required of a person to eligible for
appointment as a Member of the Court.
SECTION 8. (1) A Judicial and Bar Council
is hereby created under the supervision of
the Supreme Court composed of the Chief
Justice as ex officio Chairman, the
Secretary of Justice, and a representative
of the Congress as ex officio Members, a
representative of the Integrated Bar, a
professor of law, a retired Member of the
Supreme Court, and a representative of
the private sector.
(2) The regular Members of the Council
shall be appointed by the President for a
term of four years with the consent of the
Commission on Appointments. Of the
Members first appointed, the
representative of the Integrated Bar shall
serve for four years, the professor of law
for three years, the retired Justice for two
years, and the representative of the private
sector for one year.
(3) The Clerk of the Supreme Court shall
be the Secretary ex officio of the Council
and shall keep a record of its proceedings.
(4) The regular Members of the Council
shall receive such emoluments as may be
determined by the Supreme Court. The
Supreme Court shall provide in its annual
budget the appropriations for the Council.
(5) The Council shall have the principal
function of recommending appointees to
the Judiciary. It may exercise such other
functions and duties as the Supreme
Court may assign to it.
Judicial and Bar Council
 Principal function of the JBC:
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o Recommend to the President
appointees to the Judiciary
 From among the nominees the
President appoints judges without need
for confirmation by a Commission on
Appointments
 Under the supervision of the SC
 Composition:
o 3 ex-officio members:
 Chief Justice, as ex-officio
Chairman
 Secretary of Justice
 Representative of Congress
o 4 regular members:
 Representative of the
Integrated Bar
 A professor of law
 A retired Member of the SC
 Representative of the private
sector
 Regular members are appointed by the
President for a term of four years with
the consent of the Commission on
Appointments
o Allows a political check on the
President’s appointing authority
 W/c legislative member—Senate or
HoR?
o A member each comes from both
Houses but they each have only
half a vote.
SECTION 9. The Members of the Supreme
Court and judges of lower courts shall be
appointed by the President from a list of at
least three nominees prepared by the
Judicial and Bar Council for every
vacancy. Such appointments need no
confirmation.
For the lower courts, the President shall
issue the appointments within ninety days
from the submission of the list.
 The JBC forms a list of nominees to the
judiciary out of which the President chooses
appointees as Justices and judges
 For every vacancy, the JBC submits to the
Pres a list of at least 3 names
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 Pres may not appoint anybody who is not in
the list
 If Pres is not satisfied with the names in the
list, he may ask for another list
 There is NO NEED OF FURTHER
CONFIRMATION, once the appointment is:
o Issued by the President; and
o Accepted by the nominee
 Constitution provides that the Pres is
authorized to appoint Justices and judges
o Not the authority merely to designate a
non-member of the SC temporarily to
sit as Justice of the SC
AC: Aguinaldo vs. Aquino
Whether or not President Aquino violated the
Constitution or committed grave abuse of
discretion in disregarding the clustering of
nominees into six separate shortlists for the
six vacancies for Sandiganbayan Associate
Justice?
Held. NO. the President was not limited to
appoint from the nominees in the shortlist
submitted by the JBC for each specific
vacancy.
AC: Aguinaldo vs. Aquino
Did the clustering of nominees for the six
vacancies in the Sandiganbayan by the JBC
impair the President's power to appoint
members of the Judiciary and to determine
the seniority of the newly-appointed
Sandiganbayan Associate Justices?
Held. Yes. His option for every vacancy was
limited to the five to seven nominees in each
cluster. Clustering can be used as a device to
favor or prejudice a qualified nominee.
SECTION 10. The salary of the Chief
Justice and of the Associate Justices of
the Supreme Court, and of judges of lower
courts shall be fixed by law. During their
continuance in office, their salary shall not
be decreased.
Compensation. Does not prohibit the
imposition of a tax on the salary of the Justices
and judges.
Nifatan, et al. v. Commissioner of Internal
Revenue. The true intent of the framers of the
Reviewer by Lawst Students Constitutional Law 1
1987 Constitution … was to make the salaries
of the members of the Judiciary taxable.
SECTION 11. The Members of the Supreme
Court and judges of lower courts shall
hold office during good behavior until they
reached the age of seventy years or
become incapacitated to discharge the
duties of their office. The Supreme Court
en banc shall have the power to discipline
judges of lower courts, or order their
dismissal by a vote of a majority of the
Members who actually took part in the
deliberations on the issues in the case and
voted thereon.
This section assures security of tenure.
 Members of the SC can be said to have
failed to satisfy the requirement of “good
behavior” only if they are guilt of the
offenses which are constitutional grounds
for impeachment
 Constitution does not say when judges of
lower courts may be said to have failed to
satisfy the requirement of “good behavior”
o SC alone can determine this since the
SC alone can order their dismissal
o Such power is EXCLUSIVE
 Incapacity to discharge duties = not defined
by the Constitution
o Power to determine such is part of the
overall administrative power w/c the
SC has over its members and over all
members of the judiciary
o Practice for SC is to create a panel of
Drs. Who can assist the SC in making
the proper decision.
 Power of the SC to discipline judges of
inferior courts or to order their dismissal is
EXCLUSIVE.
o May NOT be vested in any other body
nor the Congress.
 Security of tenure can sometimes be
circumvented by indirection (Ex. Abolition of
office. Like the power of the Congress to
create courts which include the power to
abolish such.)
People v. Gacott, Jr.
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 A decision en banc is needed only when the
penalty to be imposed is
o Dismissal of a judge;
o Disbarment of a lawyer;
o Suspension of either for more than one
year; or
o A fine exceeding 10,000Php
o
Vargas v. Rillaraza
The guarantee of security of tenure is against
“actual removal” and “uninterrupted continuity in
tenure.”
OCA vs. Judge Usman
Are Judges required to file their SALN? Can the
be subjected to lifestyle check?
Held. Yes, in order to supress any questionable
accumulation of wealth, eradicate corruption,
promote transparency in gov’t and to ensure that
all gov’t employees and officials lead just and
modest lives.
OCA vs. Judge Ruiz
Is the administrative case against him
premature since his criminal convictions by the
Sandiganbayan are not yet final?
Held. No. It is not sound judicial policy to await
the final resolution of a criminal case before an
administrative complaint against a lawyer may
be acted upon where only substantial evidence
Is required.
OCA vs. Judge Flora
Can a judge who circulate calling cards
containing self-laudatory statements who
believe in psychic visions and in “duwendes” be
administratively sanctioned?
Held. We do not denigrate such belief system.
However, such belied are so at odds with the
critical and impartial thinking required of a judge
under our judicial system.
AC: Anonymous vs Judge Buyucan
Whether or not respondent Judge Buyucan is
guilty of gross misconduct?
Held. Yes. While respondent Judge Buyucan
denies the DA’s ownership, he nevertheless
admitted on record that he is encroaching on
what he claims to be the RRW of the DPWH
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which he bought from an accused before his
sala, which criminal case he also earlier
dismissed
SECTION 12. The Members of the Supreme
Court and of other courts established by
law shall not be designated to any agency
performing quasi-judicial or
administrative functions.
Non-designation. This provisions merely
makes explicit an application of the principle of
separation of powers.
Decision-Making Process.
SECTION 13. The conclusions of the
Supreme Court in any case submitted to it
for decision en banc or in division shall be
reached in consultation before the case is
assigned to a Member for the writing of the
opinion of the Court. A certification to this
effect signed by the Chief Justice shall be
issued and a copy thereof attached to the
record of the case and served upon the
parties. Any Member who took no part, or
dissented, or abstained from a decision or
resolution must state the reason therefor.
The same requirements shall be observed
by all lower collegiate courts.
 Obliges all Justices of the SC to study every
case to be decided en banc or by the
division to which they belong
o Purpose: to ensure the implementation
of the constitutional requirement that
decisions of the SC and lower
collegiate courts are reached after
consultation with the members of the
court sitting en banc or in division
before the case is assigned to a
member thereof for decision-writing.
Effect of the absence of certification
o Only serves as evidence of failure to
observe certification requirement
o May be basis for holding the official
responsible for the omission to account
thereof
o Would not have the effect of invalidating the
decision
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Purpose of the requirement that each
dissenting Justice must state the reasons
for his dissent
o Ensures personal study by each Justice
o Recognition of the fact that dissenting
opinions sometimes become the majority
opinion
The requirement for justices who took no
part or abstained from a decision to give an
explanation for their inaction is
MANDATORY
o Also applies to Justices of intermediate
collegiate court
IN RE: PRODUCTION OF COURT RECORDS
Must a dissenting Justice explain his dissent?
Held. Yes. Any member who took no part or
dissented or abstained from a decision or
resolution must state the reason therefore.
AC: Highpoint Dev. Corp. vs. Republic
Whether or not the pro hac vice ruling in
Republic of the Philippines vs. Vega, et al.
can be applied in favor of petitioner?
Held. No. A pro hac vice ruling is a ruling
expressly qualified as such cannot be relied
upon as a precedent to govern other cases.
Form and Substance.
SECTION 14. No decision shall be
rendered by any court without expressing
therein clearly and distinctly the facts and
the law on which it is based.
No petition for review or motion for
reconsideration of a decision of the court
shall be refused due course or denied
without stating the legal basis therefor.
Contents of decisions of courts
 Decisions referred to the final determination
made by a court of the substantive issue
brought for resolution
o Does not apply to a resolution refusing
due course, which is treated in the 2nd
paragraph, or to disposition of
incidental matters.
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Petitions for review and motions for
reconsiderations
 Merely requires a statement of the “legal
basis” for denying due course
Agoy vs Araneta, “Do minute resolutions
comply with the requirements on form and
substance?”
Held. While they are the results of the
deliberations by the Justices of the Court, they
are promulgated by the Clerk of Court whose
duty is to inform the parties of the action taken
on their cases quoting verbatim the resolutions
adopted by the Court.
De Castro vs JBC, “Is the SC bound and
controlled by precedents?”
Held. The Court, as the highest court of the land
may be guided by it is not controlled by
precedent, and only when its reasoning and
justification are relevant and applicable to the
case before it.
AC: FASAP vs PAL
“Is the resolution dated Ocy 4, 2011 in AM No
11-10-1 SC vpod fpr failure to comply with
Section 14 Art VIII of the 1987 Constitution?”
Held. No. The constitutional provision
contemplates only of a decision, which is the
judgement or order that adjudicates on the
merits of a case. The October 4, 2011
resolution did not adjudicate on the merits of
G.R. No. 178083
Moot and Academic Case.
 Even if moot, the court decides if:
o There is grave violation of the
Constitution;
o The situation is of exceptional
character and paramount public
interest is involved;
o The constitutional issue raised requires
formulation of controlling principles to
guide the bench, the bar, and the
public; and
o The case is capable of repetition yet
evading review.
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Sulpico vs NEDA, “What happens when case
becomes moot and academic?”
Held. Kapag wala nang buhay ang kaso, wala
nang dahilan para magdesisyon and Husgado.
Unless the court issues an extended decision as
a symbolic function of educating the bench and
the bar.
Period to Decide: 3-12-24
SECTION 15. (1) All cases or matters filed
after the effectivity of this Constitution
must be decided or resolved within
twenty-four months from date of
submission for the Supreme Court, and,
unless reduced by the Supreme Court,
twelve months for all lower collegiate
courts, and three months for all other
lower courts.
(2) A case or matter shall be deemed
submitted for decision or resolution upon
the filing of the last pending, brief, or
memorandum required by the Rules of
Court or by the court itself.
(3) Upon the expiration of the
corresponding period, a certification to
this effect signed by the Chief Justice or
the presiding judge shall forthwith be
issued and a copy thereof attached to the
record of the case or matter, and served
upon the parties. The certification shall
state why a decision or resolution has not
been rendered or issued within said
period.
(4) Despite the expiration of the applicable
mandatory period, the court, without
prejudice to such responsibility as may
have been incurred in consequence
thereof, shall decide or resolve the case or
matter submitted thereto for
determination, without further delay.
Period for making decisions
 Supreme Court – 24 months
 Lower collegiate courts – 12 months
 Lower courts – 3 months
Basic rule
 Section 15(1)
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 Respective periods are MANDATORY
o Failure to comply subjects SC Justice
to impeachment for culpable violation
of the Constitution and lower court
justice to disciplinary action
 Applies only to cases filed AFTER the
effectivity of this Constitution
Determination whether the prescribed
period has been complied with
 Section 15(3), requires certification
 Section 15(4) = failure to decide the case
w/in the reglementary period, does not
decide the case either way
Code of Judicial Conduct
 Requires judges to decide cases and
matter pending before them within a period
fixed by law
 Failure to do so = gross inefficiency and
warrant administrative sanctions
 Exception: heavy case load or poor health
may partially excuse such lapses, only if the
judges concerned request reasonable
extensions
Hebron vs Judge Garcia, “Does the failure to
decide cases/matters within 90-day
reglementary period constitute gross
inefficiency warranting the imposition of
sanction against the erring judge?”
Held. Yes. Judge Garcia failed to meet this
three-month deadline and should
sanctioned, a blatant transgression of the
Constitution and the Code of Judicial Conduct.
SECTION 16. The Supreme Court shall,
within thirty days from the opening of each
regular session of the Congress, submit to
the President and the Congress an annual
report on the operations and activities of
the Judiciary.
Purpose: to enable the judiciary to inform
government about its needs.
ARTICLE IX:
CONSTITUTIONAL COMMISSIONS
Silliman University
A. Common Provisions
SECTION 1. The Constitutional
Commissions, which shall be
independent, are the Civil Service
Commission, the Commission on
Elections, and the Commission on Audit.
Key functions:
 CSC – personnel office of government
 COA – auditing office
 COMELEC – charged with
administration of all the important
electoral process
Reason why they are made INDEPENDENT
BODIES: To protect their integrity
SECTION 2. No Member of a Constitutional
Commission shall, during his tenure, hold
any other office or employment. Neither
shall he engage in the practice of any
profession or in the active management or
control of any business which in any way
be affected by the functions of his office,
nor shall he be financially interested,
directly or indirectly, in any contract with,
or in any franchise or privilege granted by
the Government, any of its subdivisions,
agencies, or instrumentalities, including
government-owned or controlled
corporations or their subsidiaries.
Prohibitions. A list of prohibitions against
engaging in activities which can distract them
be
from their responsibilities or subject them to
pressure and temptations.
o “practice of profession” does not include
teaching
o Prohibition of “active management” of a
business does not prohibit a Commissioner
form owning a business
 only from being a managing officer or a
member of the governing board of a
business “which in any way may be
affected by the functions of his office”
o Prohibition of financial interest in
government contracts or franchises
 Applies to contracts with “subsidiaries”
of government corporations, formed
not by special law but by mother
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corporations through the general
corporation law.
Primary Protective Measures.
SECTION 3. The salary of the Chairman
and the Commissioners shall be fixed by
law and shall not be decreased during
their tenure.
SECTION 4. The Constitutional
Commissions shall appoint their officials
and employees in accordance with law.
SECTION 5. The Commission shall enjoy
fiscal autonomy. Their approved annual
appropriations shall be automatically and
regularly released.
SECTION 6. Each Commission en banc
may promulgate its own rules concerning
pleadings and practice before it or before
any of its offices. Such rules however shall
not diminish, increase, or modify
substantive rights.
 Section 3 protects their salary from
diminution during their continuance in office
o Does not prohibit its increase.
 Section 4, independent powers of
appointment but in accordance with law.
 Section 5, fiscal autonomy
o Their approved annual appropriations
shall be automatically and regularly
released and shall not be subject to
pre-audit.
 Section 6, authority to promulgate rules
of procedure, sitting en banc.
o In case of conflict between rules of
procedure promulgated by a
Commission and a Rule of Court,
 Rules of Court prevail if the
proceeding is before a court
 Rule of the Commission should
prevail if the proceeding is before
a Commission
o SC has no power to disapprove
Commission rules.
 EXCEPT through the exercise of
the power of “judicial review” when
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such Commission rules violate the
Constitution
o Congress may not assume power
to review the rules promulgated by
the Commission
 Commissioners are, given a fixed term and
are removable only by impeachment
Rule of Thumb
 The protection of non-diminution of the
salaries during their tenure does not
prohibit legitimate income tax deduction.
 While constitutional commissions have the
power to appoint their officials, such
appointments are not exempted from Civil
Service Law and Rules.
 COAs “no report, no release” policy does
not apply to constitutional commissions
enhoying fiscal autonomy.
 The certiorari jurisdiction of the SC is limited
to decisions rendered by constitutional
commissions in the exercise of their
adjudicatory or quasi-judicial powers.
AC: Funa vs. Duque
Does the designation of Duque as member of
the Board of Directors or Trustees of the
GSIS, PHILHEALTH, ECC and HDMF, in an
ex officio capacity, impair the independence
of the CSC and violate the constitutional
prohibition against the holding of dual or
multiple offices for the Members of the
Constitutional Commissions?
Held. Yes, provisions for per diems is
contrary to ex officio principle; (b) his
designation impares the independence of
CSC; and (c) it amounts to prohibited multiple
offices.
Is Section 14, Chapter 3, Title I-A, Book V of
EO 292 valid and constitutional?
Held. Yes. Because matters affecting the
career development rights and welfare of
government employees are among the
primary functions of the CSC and are
consequently exercised through its
Chairman
SECTION 7. Each Commission shall
decide by a majority vote of all its
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Members any case or matter brought
before it within sixty days from the date of
its submission for decision or resolution.
A case or matter is deemed submitted for
decision or resolution upon the filing of
the last pleading, brief, or memorandum
required by the rules of the Commission or
by the Commission itself. Unless
otherwise provided by this Constitution or
by law, any decision, order, or ruling of
each Commission may be brought to the
Supreme Court on certiorari by the
aggrieved party within thirty days from
receipt of a copy thereof.
SECTION 8. Each Commission shall
perform such other functions as may be
provided by law.
Decisions of the Commissions
 Promulgating a rule which requires
UNANIMITY is not allowed.
 Majority vote of “all its members”
o Not only those who participated and
took part in the deliberations.
 No express rule requiring the submission of
a dissenting opinion
 No decision UNTIL the draft is SIGNED &
PROMULGATED
 If decision is not reached within the
reglementary period, such failure DOES
NOT affect the merits of the case
o Case must still be decided at the
earliest time
o “Overly strict adherence to deadlines
might induce the Commission to
resolve election contacts hurriedly by
reason of lack of material time” –
Alvarez vs COMELEC
Review of Decisions
 In ABS-CBN vs COMELEC, the SC
dispensed with the need for reconsideration
since elections were already very close and
there was no more time for another speedy
remedy.
 “certiorari may be resorted to when there is
no other plain, speedy and adequate
remedy.”
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 Now, judgments or final orders of quasi-
judicial agencies may be appealed to the
Court of Appeals within fifteen days from
notice thereof, pursuant to Section 7 –
“Unless otherwise provided by this
Constitution.”
B. The Civil Service Commission
SECTION 1. (1) The Civil Service shall be
administered by the Civil Service
Commission composed of a Chairman and
two Commissioners who shall be natural-
born citizens of the Philippines and, at the
time of their appointment, at least thirty-
five years of age, with proven capacity for
public administration, and must not have
been candidates for any elective position
in the elections immediately preceding
their appointment.
(2) The Chairman and the Commissioners
shall be appointed by the President with
the consent of the Commission on
Appointments for a term of seven years
without reappointment. Of those first
appointed, the Chairman shall hold office
for seven years, a Commissioner for five
years, and another Commissioner for
three years, without reappointment.
Appointment to any vacancy shall be only
for the unexpired term of the predecessor.
In no case shall any Member be appointed
or designated in a temporary or acting
capacity.
General objective of a civil service system.
To establish and promote professionalism and
efficiency in public service.
Organization of the Commission
 Composed of a Chairman and two
Commissioners appointed by the President
with the consent of the omission on
Appointment
 The Chairman and Commissioners must be
(1) Natural-born citizens,
(2) At least 35 years of age at the time fo
their appointment,
(3) “with proven capacity for public
administration,” and
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(4) “must not have been candidates for any
elective position in the elections
immediately preceding their
appointment.”
 Natural-born citizen requirement
o Commission was too powerful a body
to entrust to naturalized citizens
 Term of seven years cannot be
reappointed
o Applies even if the Commissioner has
served for less than seven years
o Staggering the terms of the first
appointees is to achieve continuity by
not allowing the term of all
Commissioners to expire all at on time
 “in no case shall any Member e appointed
or designated in a temporary or acting
capacity.”
o This is evidence of the desire to plug
ways of avoiding the seven-maximum
term
o Should there be a vacancy in the office
of Chairman, it must not be filled by the
President designating one of the
Commissioners a temporary Chairman
 The Commission itself must
choose the temporary Chairman
Funa vs Villar
1st Rule
o Funa vs Villar: The appointment of
members of any of the three constitutional
commissions, after the expiration of the
uneven terms of office of the first of
commissioners, shall always be for a fixed
term of seven (7) years; an appointment for
a lesser period is void and unconstitutional.
2nd Rule
o Funa vs Villar: Appointments to vacancies
resulting from certain causes (death,
resignation, disability or impeachment)
shall only be for the unexpired portion of the
term of the predecessor, but such
appointments cannot be less than the
unexpired portion as this will likewise
disrupt the staggering of terms
rd
3 Rule
o Members of the Commission, who were
appointed for a full term of seven (7) years
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and who served the entire period, are
barred from reappointment to any position
in the Commission. The first appointees in
the Commission under the Constitution are
also covered by the prohibition against
reappointment.
th
4 rule
o A commissioner who resigns after serving
in the Commission for less than 7 years is
eligible for an appointment to the position of
Chairman for the unexpired portion of the
term of departing Chairman, provided that:
 The aggregate period of the length of
service as commissioner and the
unexpired period of the term of the
predecessor will not exceed seven
years, and
 The vacancy in the position of
Chairman resulted from death,
resignation, disability or removal by
impeachment
5th rule
o Any member of the Commission cannot be
appointed or designated in a temporary or
acting capacity
Matibag vs Benipayo
o An ad interim appointment is not a
prohibited temporary appointment. It is
permanent in character, until disapproved
or by-passed by the Commission on
Appointments
o A second ad-interim appointment is not a
prohibition re-appointment because the
previous appointment was not confirmed by
the CA
SECTION 2. (1) The civil service embraces
all branches, subdivisions,
instrumentalities, and agencies of the
Government, including government-
owned or controlled corporations with
original charters.
(2) Appointments in the civil service shall
be made only according to merit and
fitness to be determined, as far as
practicable, and, except to positions
which are policy-determining, primarily
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confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil
service shall be removed or suspended
except for cause provided by law.
(4) No officer or employee in the civil
service shall engage, directly or indirectly,
in any electioneering or partisan political
campaign.
(5) The right to self-organization shall not
be denied to government employees.
(6) Temporary employees of the
Government shall be given such
protection as may be provided by law.
Scope of the Systems, Section 2 (1)
 “all branches, subdivisions,
instrumentalities, and agencies of the
Government” can escape the reach of the
Civil Service Law
o The status of being primarily
confidential merely exempts an office
from the rules of appointment but not
from other rules
 “all government-owned or controlled
corporations but only those “with original
charters”
o Such are created by special law, not
through the general corporation law
o Test for determining whether officers
and employees of a government
owned corporation comes under the
Civil Service System:
 Manner of creation of the
corporation to which they belong.
o Employee – persons in public service,
includes any person in the service of
the Government or any branch thereof
of whatever grade or class
o Officer – officials whose duties, not
being of a clerical or manual nature,
may be considered to involve the
exercise of discretion in the
performance of the functions of
government.
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 Person having authority to do
particular act or perform a
particular function in the exercise
of governmental power, includes
any Government employee, agent,
or body having authority to do the
act or exercise the function in
question
AC: Cerilles vs. CSC
Do R.A. No. 6656 and the Civil Service
Commission intrude into the discretion of the
appointing authority?
Held. Yes. Totality of circumstances support
such conclusion. First, the sheer number of
appointments found to be violative if RA 6656
is astounding, Second, respondents were
replaced by either new employees or those
holding lower positions in the old staffing
pattern. (Sec. 20, PD 1146, GSIS Act of 1987)
AC: Torres vs. De Leon
Does the CSC have appellate jurisdiction over
dismissal orders of PNRC employees by its
Board since PNRC is sui generis?
Held. Yes. As ruled by this Court in Liban vs.
Gordon, the PNRC, although not a GOCC, is
sui generis in character, thus, requiring this
Court to approach controversies involving the
PNRC on a case-to-case basis
The CSC has jurisdiction over the PNRC
because the issue at hand is the enforcement
of labor laws and penal statutes, thus, in this
particular matter, the PNRC can be treated as
a GOCC.
Having jurisdiction over the PNRC, the CSC
had authority to modify the penalty and order
the dismissal of petitioner from service.
Classification and appointments
 Section 2 is the basis for classifying
positions in the civil service into the
competitive and non competitive
positions.
 Non-competitive positions – by their
nature are policy-determining, primarily
confidential, or highly technical.
o Policy determining position – charged
with the duty to “formulate a method of
action for the government or any of its
subdivisions.”
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o Highly technical position – occupant is
required “to possess a technical skill or
training in the supreme or superior
degree.”
o Primarily Confidential – (1) when the
President, upon the recommendation
of the CSC, has declared the position
to be primarily confidential, and (2)
when the position, by its nature, is
primarily confidential. – Salazar vs
Mathay
 Primary purpose of the classification into
PD, PC, and HT position – “to exempt these
categories from competitive examination as
a means for determining merit and fitness.”
Nepotism. One is guilty of nepotism if an
appointment is issued in favor of a relative within
the third civil degree of consanguinity or affinity
of any of the following: (a) appointing authority
(b) recommending authority (c) chief of the
bureau of the office, or (d) person exercising
immediate supervision over the appointee.
(CSC vs Dacoycoy)
The prohibition and rule against nepotism is not
only limited to original appointments but also
includes promotions as in this case when the
City Mayor promoted his wife, an employee for
32 years, as head of the Office of the General
Services. (Debulgado vs CSC)
Role of the Civil Service Commission in
appointments
 Limited to the determination of the
qualifications of the candidates for
appointment
 Plays no role in the choice of the person to
be appointed.
 Lapinid vs CSC, “the most that the
Commission can do is certify to the
qualification of those being considered for
appointment.”
Security of tenure, Section 2 (3)
 Efficiency of a civil service system depends
largely on the morale of the officers and
employees in the service.
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 Reason for the grant of security or tenure:
Guarantees against arbitrary impairment,
whether total or partial, of the right to
continue in the position held.
 Section 2(3) guarantees that suspension
or dismissal can be made only “for
cause provided by law.”
o Dismissal – demotion or transfer which
involves reduction of pay or rank
o A guarantee of both procedural and
substantive due process
o “provided by law” means that law must
already be in existence when the act for
which a person is being subjected to
disciplinary action was committed.
 SOT may not be circumvented by resort to
abolition of office. Abolition of office to
escape the taint of unconstitutionality must
be made
o In good faith,
o Not for personal or political reasons,
and
o Not in violation of the law.
 Temporary appointees are removable any
time even without cause
o Not anybody can remove him but only
the appointing authority
 SOT covers not just removal or other
disciplinary actions but also transfers.
o If transfer is without consent of the
employee, it violates SOT
o Temporary transfer is allowed without
consent if:
 It is not a preliminary step toward
his removal
 Not a scheme to lure him away
from his permanent position
 Not designed to indirectly
terminate his service
 Not force his resignation
 Permanent appointment bears with it the
qualification for the position
CSC VS MAGNAYE
Do probationary employees enjoy security of
tenure?
Held. Yes, during his 6-month probationary
period. During their 6-month probationary
employment, probationary employees cannot
Reviewer by Lawst Students Constitutional Law 1
be dismissed except for cause or failure to
qualify as regular employees.
CAMARINES NORTE VS GONZALES
Being a primarily confidential employee, does
Gonzales have the security of tenure?
Held. Yes. But as a provincial administrator and
holder of a primarily confidential position,
Gonzales’ tenure of office ended when the
confidence in him by the Governor ended.
Feliciano & Gonzales vs. DND
Were petitioners illegally terminated in view of
their security of tenure?
Held. No. the petitioiners were undisputedly
not yet holders of CSEE. The effect is that
their appointments remained temporary, a
status that denied them security of tenure.
AC: PCSO vs. COA
Under R.A. No. 6758, what allowances are
expressly excluded from in the standardized
salaries?
Held. Generally, all kinds of allowances are
integrated into the prescribed standardized
salary rates, except:
a) Representation and transportation
allowances
b) Clothing and laundry allowances
c) Subsistence allowance of marine officers
and crew on board government vessels and
hospital personnel
d) Hazard pay
e) Allowances of foreign service personnel
stationed abroad
f) And such other additional compensation as
may be determined by the DBM.
Electioneering or partisan political activity
 Section 2(4) is intended to keep the Civil
Service free of the deleterious effects of
political partisanship
 Partisan political activity – every form of
“solicitation of the elector’s vote in favor of”
a specific candidate
 Electioneering – well describes the
prohibited activity
 Does not “prevent any officer or employee
form expressing his views on current
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political problems or issues, or from
expressing his views on current political
public office whom he supports.”
 Nor does it prohibit a person from voting or
from joining civic organizations that are
non-partisan in character.
 Cabinet members may engage in partisan
political activity.
The right to self-organization, Section 2 (5)
 Does it include the right to strike?
o No. We are only talking about
organizing uniting as a union. With
regards to the right to strike, in the Bill
of Rights there is the right to form
associations or societies whose
purpose is not contrary to law shall not
be abridged.
o Employees of the SSS and public
school teachers do not have a
constitutional right to strike but it does
not mean that they may not be given
the right to strike by statute.
SECTION 3. The Civil Service
Commission, as the central personnel
agency of the Government, shall establish
a career service and adopt measures to
promote morale, efficiency, integrity,
responsiveness, progressiveness, and
courtesy in the civil service. It shall
strengthen the merit and rewards system,
integrate all human resources
development programs for all levels and
ranks, and institutionalize a management
climate conducive to public
accountability. It shall submit to the
President and the Congress an annual
report on its personnel programs.
 Enumerates the key functions of the
Commission
 This sections subsumed the power to
“promulgate and enforce policies on
personnel actions, classify positions,
prescribe conditions of employment except
as to compensation and other monetary
benefits which shall be provided by law.”
 CSC may revoke a certificate of eligibility
motu proprio
Reviewer by Lawst Students Constitutional Law 1
SECTION 4. All public officers and
employees shall take an oath or
affirmation to uphold and defend this
Constitution.
SECTION 5. The Congress shall provide
for the standardization of compensation
of government officials and employees,
including those in government-owned or
controlled corporations with original
charters, taking into account the nature of
the responsibilities pertaining to, and the
qualifications required for their positions.
SECTION 6. No candidate who has lost in
any election shall, within one year after
such election, be appointed to any office
in the Government or any government-
owned or controlled corporations or in
any of their subsidiaries.
SECTION 7. No elective official shall be
eligible for appointment or designation in
any capacity to any public office or
position during his tenure.
Unless otherwise allowed by law or by the
primary functions of his position, no
appointive official shall hold any other
office or employment in the Government
or any subdivision, agency or
instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries.
Political opportunism and spoils
 Section 6 together with Section 7 is
intended to help eradicate the “spoils
system”
 Section 7 (1) governs elective officials
o Prohibits elective officials from
accepting appointments during their
tenure (other than members if
Congress)
 Section 7(2) deals with appointive officers
o Prohibition is not absolute
o They may hold another office, if
“allowed by law or by the primary
functions of their positions.”
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SECTION 8. No elective or appointive
public officer or employee shall receive
additional, double, or indirect
compensation, unless specifically
authorized by law, nor accept without the
consent of the Congress, any present,
emolument, office, or title of any kind
from any foreign government.
Pensions or gratuities shall not be
considered as additional, double, or
indirect compensation.
Additional or double compensation
 Purpose of the prohibition:
o Not avail the public officer of devious
circuitous means to increase the
remuneration attached to his position
 Additional compensation
o For one and the same office for
which a compensation has been
fixed there is added to such fixed
compensation an extra reward in
the form of a bonus
o Not allowed in the absence of a
law specifically authorizing such
extra reward
 Double Compensation
o Two sets of compensations for
two different offices held
concurrently but one officer
o No general prohibition against
holding two offices which are not
incompatible
o President ay authorize double
compensation in some cases like
bar examinations.
C. The Commission on Elections
SECTION 1. (1) There shall be a
Commission on Elections composed of a
Chairman and six Commissioners who
shall be natural-born citizens of the
Philippines and, at the time of their
appointment, at least thirty-five years of
age, holders of a college degree, and
must not have been candidates for any
elective position in the immediately
preceding elections. However, a majority
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thereof, including the Chairman, shall be
Members of the Philippine Bar who have
been engaged in the practice of law for at
least ten years.
(2) The Chairman and the Commissioners
shall be appointed by the President with
the consent of the Commission on
Appointments for a term of seven years
without reappointment. Of those first
appointed, three Members shall hold
office for seven years, two Members for
five years, and the last Members for three
years, without reappointment.
Appointment to any vacancy shall be only
for the unexpired term of the predecessor.
In no case shall any Member be appointed
or designated in a temporary or acting
capacity.
Composition & Qualification. There shall be
a COMELEC composed of a Chairman and six
(6) commissioners who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five (35) years
age, holders of a college degree.
Additional Qualification
 Must not have been candidate for any
elective position in the immediately
preceding elections.
 Majority of the Commissioners, including the
Chairman, shall be members of the
Philippine Bar who have been engaged in the
practice of law for at least ten (10) years.
Powers Withheld
 Transfer a municipality from one district to
another
 Canvass of votes for the election of
President and VicePresident
 Determine the right to vote
 Inclusion and exclusion of voters
 Decide on qualification of members of
Congress after proclamation and
assumption
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SECTION 2. The Commission on Elections
shall exercise the following powers and
functions:
(1) Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
(2) Exercise exclusive original jurisdiction
over all contests relating to the elections,
returns, and qualifications of all elective
regional, provincial, and city officials, and
appellate jurisdiction over all contests
involving elective municipal officials
decided by trial courts of general
jurisdiction, or involving elective
barangay officials decided by trial courts
of limited jurisdiction.
Decisions, final orders, or rulings of the
Commission on election contests
involving elective municipal and barangay
offices shall be final, executory, and not
appealable.
(3) Decide, except those involving the right
to vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters.
(4) Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful,
and credible elections.
(5) Register, after sufficient publication,
political parties, organizations, or
coalitions which, in addition to other
requirements, must present their platform
or program of government; and accredit
citizens’ arms of the Commission on
Elections. Religious denominations and
sects shall not be registered. Those which
seek to achieve their goals through
violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or
which are supported by any foreign
Reviewer by Lawst Students
government shall likewise be refused
registration.
Financial contributions from foreign
governments and their agencies to
political parties, organizations, coalitions,
or candidates related to elections
constitute interference in national affairs,
and, when accepted, shall be an additional
ground for the cancellation of their
registration with the Commission, in
addition to other penalties that may be
prescribed by law.
(6) File, upon a verified complaint, or on its
own initiative, petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate,
prosecute cases of violations of election
laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted, and
to prevent and penalize all forms of
election frauds, offenses, malpractices,
and nuisance candidacies.
(8) Recommend to the President the
removal of any officer or employee it has
deputized, or the imposition of any other
disciplinary action, for violation or
disregard of, or disobedience to its
directive, order, or decision.
(9) Submit to the President and the
Congress a comprehensive report on the
conduct of each election, plebiscite,
initiative, referendum, or recall.
SECTION 3. The Commission on Elections
may sit en banc or in two divisions, and
shall promulgate its rules of procedure in
order to expedite disposition of election
cases, including pre-proclamation
controversies. All such election cases
shall be heard and decided in division,
provided that motions for reconsideration
of decisions shall be decided by the
Commission en banc.
Constitutional Law 1 Silliman University
Note: Only decision of COMELEC en banc can
be the subject of a judicial review. (Section 7(2),
Article IX-A)
DIOCESE OF BACOLOD VS COMELEC
Does the COMELEC have legal and
constitutional bases to regulate expressions
made by private citizens who are not
candidates?
Held. No. Its authority to regulate expressions
are generally limited to those made by
candidates and political parties.
1-UTAK VS COMELEC
Does the power of the Comelec to regulate
franchises extend to regulating the posting of
campaign materials on PUVs, private vehicles
and transport terminals?
Held. No. Not only because of their private
ownership but because this is an aspect of the
freedom of speech and expression.
Three-Fold Powers of COMELEC
1. Quasi-Executive or Administrative
 Mandated to enforce and administer all
laws and regulations relative to the conduct
of an election, plebiscite, initiative,
referendum, and recall (Sec. 2, 1)
 The power to register political parties,
organizations or coalitions (Sec. 2, 5)
 Accredit citizen’s arms of the Commission
(Sec. 2, 5)
 Prosecute election offenses (Sec. 2, 6)
 Recommend to the President the removal
or imposition of any other disciplinary action
upon any office or employee it has
deputized for violation or disregard of its
directive, order or decision (Sec. 2, 8)
 Has direct control and supervision over all
personnel involved in the conduct of
election (Sec. 2, 4)
ROQUE VS COMELEC
Is the Poll Automation Law unconstitutional for
being a wholesale abdication of the
COMELEC’s mandate to enforce election laws?
Held. The proviso in Art 3-3 of the automation
contract designating Smartmatic in charge of
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the technical aspect of the counting and
canvassing wares does not translate to ceding
control of the electoral process.
AC: Bagumbayan vs COMELEC:
Whether or not the fear of vote buying justify
the Comelec to deactivate the “voter verified
paper audit trail” function of the voting
counting machine?
 No. A mechanism that allows the voter to
verify his or her choice of candidates will
ensure a free, orderly, honest, peaceful,
credible and informed election.
 The Comelec cannot opt to breach the
requirements of the law to assuage its
fears regarding the VVPAT. Vote-buying
can be averted by placing proper
procedures. Comelec has the power to
choose the appropriate procedure in
order to enforce the VVPAT requirement
and balance it with the constitutional
mandate to secure the secrecy and
sanctity of the ballot.
AC: Bagumbayan VS COMELEC (MR)
Is a voter’s receipt requirement only
necessary when Comelec uses a direct
recording electronic election system?
Held. No. The law is clear. A voter’s receipt is
necessary to fully comply with the requisites
of Section 6(e), (f), and (n) of Republic Act No.
8436, as amended. It is a safety feature. The
paper ballots cannot substitute for the voter’s
receipt.
Did the Supreme Court rule in Roque vs
Comelec, that “the paper ballots satisfies the
VVPAT requirement”?
Held. There is no categorical ruling in Roque,
Jr. that the paper ballot satisfies the VVPAT
requirement. The discussion only mentions
that the PCOS machine affords auditability.
SWS & PULSE ASIA vs COMELEC:
Does the State have compelling state interest to
regulate election surveys?
 Yes. It is settled that constitutionally
declared principles are a compelling state
interest. The regulation of election surveys
effects the constitutional policy articulated
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in Art. IX-C, Sec. 4 of the Constitution,
among others.
 An election survey is formative as it is
descriptive. It can be a means to shape the
preference of voters and the outcome of
elections as it partakes of the nature of
election propaganda. The imperative of
“fair” elections impels their regulation.
The holding of exit polls and the dissemination
of their results through mass media constitute
an essential part of the freedom of speech and
of the press. The Comelec cannot ban them in
the guise of promoting clean, honest, orderly
and credible elections. (ABS CBN vs Comelec)
Rule of the Thumb
 While the Comelec cannot ban election
surveys and exit polls, but it can regulate
the same.
 Comelec’s power to regulate surveys and
exits polls can only be exercised during
election period.
Prosecution Powers
The Commission on Elections shall file, upon a
verified complaint, or on its own initiative,
petitioners in court for inclusion or exclusion of
voters; investigate and, where appropriate,
prosecute cases of violation of election laws
including acts or omissions constituting election
frauds, offenses and malpractices. (Sec. 2(6),
Article IX-C)
Banat vs COMELEC
Did the Constitution give the COMELEC the
“exclusive power” to investigate and prosecute
cases of violations of election laws?
 No. Sec 2 (6), Art IX-C of the Constitution
vests in the COMELEC the power to
“investigate and, where appropriate,
prosecute cases of violations of election
laws, etc.”
 The Phrase “where appropriate” leaves to
the legislature the power to determine the
kind of election offenses that the
COMELEC shall prosecute exclusively or
concurrently with other prosecuting arms of
government. The grant of the “exclusive
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power” to the COMELEC can be found in
Section 265 of BP 881.
AC: Grace Poe vs. Comelec
Can the COMELEC, in the same cancellation
of COC case, decide the qualification or lack
thereof of the candidate?
Held. No. The COMELEC cannot itself, in the
same cancellation case, decide the
qualification or lack thereof of the candidate
since the issue of the qualifications of the
candidate for the position is undecided or
undetermined by the proper authority.
2. Quasi-Legislative
 The power to promulgate rules and
regulations implementing the provisions of
the Omnibus Election Code or other laws
which the Commission is required to
enforce or administer
 Pursuant to its rule-making power, the
Comelec has promulgated the following:
o Comelec Rules of Procedure
o Rules on Continuing Voter’s
Registration
o Rules on Automated Election System
o Rules on Suspension of Public Works,
Gun Ban, Limited Bank Withdrawal,
etc.
3. Quasi-Judicial
 Has exclusive original jurisdiction over all
contests relating to the elections, returns
and qualifications of all elective municipal
officials decided by trial courts of general
jurisdiction, or involving elective barangay
officials decided by trial courts of limited
jurisdiction (Sec. 2, 2)
 May sit en banc or in division (Sec. 3)
 The decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices
shall be final, executory, and not
appealable (Sec. 2, 2)
 Any decision, order or ruling of the
COMELEC may be brought to the Supreme
Court on certiorari by the aggrieved party
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within 30 days from receipt of a copy thereof
(Syllabus, p. 218)
SECTION 4. The Commission may, during
the election period, supervise or regulate
the enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities,
media of communication or information,
all grants, special privileges, or
concessions granted by the Government
or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled
corporation or its subsidiary. Such
supervision or regulation shall aim to
ensure equal opportunity, time, and space,
and the right to reply, including
reasonable, equal rates therefor, for public
information campaigns and forums
among candidates in connection with the
objective of holding free, orderly, honest,
peaceful, and credible elections.
Pardon of Election Offenders
SECTION 5. No pardon, amnesty, parole,
or suspension of sentence for violation of
election laws, rules, and regulations shall
be granted by the President without the
favorable recommendation of the
Commission.
Free and Open Party System
SECTION 6. A free and open party system
shall be allowed to evolve according to the
free choice of the people, subject to the
provisions of this Article.
LP vs COMELEC:
Do political parties include political
organizations and coalitions?
 Yes, Political parties should be understood
in its generic sense that covers political
organizations and political coalitions as
well. Thus, NP-NPC’s petition for
registration as a coalition was time-barred.
 As if to rationalize its folly, the COMELEC
invokes the constitutional policy towards a
free and open party system. When the
Constitution speaks of a multi-party system,
it does not contemplate the COMELEC
Reviewer by Lawst Students Constitutional Law 1
splitting parties into two. For doing just that,
this pretender to the throne of King
Solomon acted whimsically and
capriciously.
SECTION 7. No votes cast in favor of a
political party, organization, or coalition
shall be valid, except for those registered
under the party-list system as provided in
this Constitution.
SECTION 8. Political parties, or
organizations or coalitions registered
under the party-list system, shall not be
represented in the voters’ registration
boards, boards of election inspectors,
boards of canvassers, or other similar
bodies. However, they shall be entitled to
appoint poll watchers in accordance with
law.
Election Period: 90/30
SECTION 9. Unless otherwise fixed by the
Commission in special cases, the election
period shall commence ninety days before
the day of the election and shall end thirty
days after.
PEÑERA VS COMELEC:
What is premature campaigning?
Held. Sec. 80, BP 881, on premature
campaigning, explicitly provides that “it shall be
unlawful for any person, whether or not a voter
or candidate, or for any party, or association of
persons, to engage in an election campaign or
partisan political activity, except during the
campaign period.”
PEÑERA VS COMELEC (MR):
A person who files a certificate of candidacy is
not a candidate until the start of the campaign
period. Section 15 of Ra 8436, as amended by
RA 9369, allowing political partisan activities
before the start of the campaign period is
consistent with freedom of expression or
speech.
Campaign Period: 90-45-15
 For President, Vice-President and Senators
– 90 days before the election
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 For Members of the House of
Representatives and elective provincial,
city and municipal officials – 45 days before
the election
 Barangay officials – 15 days before election
Rule of Thumb
 The power to fix the election period belongs
to Commission on Elections.
 The power to fix the campaign period
belongs to the Congress.
 There is no more administrative or criminal
offense of “premature campaigning”.
Javier vs COMELEC
For fixing a longer election period for the 2013
Election, is Comelec Res. No. 9851 valid?
Held. Yes. The 120-day period is merely the
default election period. The Commission is
not precluded from fixing the length and the
starting date of the election period to ensure
free, orderly, honest, peaceful, and credible
elections. This is not merely a statutory but a
constitutionally granted power of the
Commission.
SECTION 10. Bona fide candidates for any
public office shall be free from any form of
harassment and discrimination.
SECTION 11. Funds certified by the
Commission as necessary to defray the
expenses for holding regular and special
elections, plebiscites, initiatives,
referenda, and recalls, shall be provided in
the regular or special appropriations and,
once approved, shall be released
automatically upon certification by the
Chairman of the Commission.
D. Commission on Audit
SECTION 1. (1) There shall be a
Commission on Audit composed of a
Chairman and two Commissioners, who
shall be natural-born citizens of the
Philippines and, at the time of their
appointment, at least thirty-five years of
age, certified public accountants with not
less than ten years of auditing experience,
or members of the Philippine Bar who
Reviewer by Lawst Students Constitutional Law 1
have been engaged in the practice of law
for at least ten years, and must not have
been candidates for any elective position
in the elections immediately preceding
their appointment. At no time shall all
Members of the Commission belong to the
same profession.
(2) The Chairman and the Commissioners
shall be appointed by the President with
the consent of the Commission on
Appointments for a term of seven years
without reappointment. Of those first
appointed, the Chairman shall hold office
for seven years, one Commissioner for
five years, and the other Commissioner for
three years, without reappointment.
Appointment to any vacancy shall be only
for the unexpired portion of the term of the
predecessor. In no case shall any Member
be appointed or designated in a temporary
or acting capacity.
FUNA vs VILLAR:
Is Villar’s promotional appointment as COA
Chairman, after having served for four years of
his seven-year term as COA Commissioner
valid?
Held. No, since the vacancy in the position of
COA Chairman, when Carague stepped down in
Feb. 2, 2008, was by reason of the expiration of
his 7-year term and not by reason of death,
disability, resignation or impeachment.
SECTION 2. (1) The Commission on Audit
shall have the power, authority, and duty
to examine, audit, and settle all accounts
pertaining to the revenue and receipts of,
and expenditures or uses of funds and
property, owned or held in trust by, or
pertaining to, the Government, or any of
its subdivisions, agencies, or
instrumentalities, including government-
owned or controlled corporations with
original charters, and on a post-audit
basis: (a) constitutional bodies,
commissions and offices that have been
granted fiscal autonomy under this
Constitution; (b) autonomous state
colleges and universities; (c) other
government-owned or controlled
corporations and their subsidiaries; and
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(d) such non-governmental entities
receiving subsidy or equity, directly or
indirectly, from or through the
Government, which are required by law or
the granting institution to submit to such
audit as a condition of subsidy or equity.
However, where the internal control
system of the audited agencies is
inadequate, the Commission may adopt
such measures, including temporary or
special pre-audit, as are necessary and
appropriate to correct the deficiencies. It
shall keep the general accounts of the
Government and, for such period as may
be provided by law, preserve the vouchers
and other supporting papers pertaining
thereto.
(2) The Commission shall have exclusive
authority, subject to the limitations in this
Article, to define the scope of its audit and
examination, establish the techniques and
methods required therefor, and
promulgate accounting and auditing rules
and regulations, including those for the
prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of
government funds and properties.
De la Llana VS COA:
Did the Commission on Audit violate Sec 2 Art
IX-D when it lifted pre-audit by a mere circular?
Held. No. The conduct of a pre-audit is not a
mandatory duty that this Court may compel the
COA to perform. This discretion on its part is in
line with the constitutional pronouncement that
the COA has the exclusive authority to define
the scope of its audit and examination.
Note: Nothing can stop the COA from pre-
auditing. COA lifted pre-audit because they
have a problem with personnel.
Authority of COA is plenary. Anyone and
anything that receives public funds will always
be within the reach of COA.
Can COA audit NGOs and GOCC?
Yes. COA’s audit jurisdiction extends to the
following entities:
Reviewer by Lawst Students Constitutional Law 1
 The government, or any of its subdivisions,
agencies and instrumentalities;
 Autonomous state colleges and
universities;
 GOCCs with original charters
(Constitutionally made);
 GOCCs without original charters
(Subsequent act of Congress) that receive
subsidies;
 Constitutional bodies, commissions and
offices that have been granted fiscal
autonomy under the Constitution; and
 Non-governmental entities receiving
subsidy or equity, directly or indirectly, from
or through the government, which are
required by law or the granting institution to
submit to the COA for audit as a condition
of subsidy or equity.
COA’s visitorial authority over the following
non-governmental entities (authority extend
insofar as the latter receives financial aid from
the government):
 Non-governmental entities “subsidized by
the government”;
 Non-governmental entities “required to pay
levy or government share”;
 Non-governmental entities that have
“received counterpart funds from the
government”; and
 Non-governmental entities “partly funded
by donations through the Government.”
Functions. To examine the accuracy of the
records kept by accountable officers and to
determine whether expenditures have been
made in conformity with law.
Function is limited to:
1. Whether there is a law appropriating funds
for a given purpose
2. Whether a contract, made by the proper
officer, has been entered into in conformity
with said appropriation law
3. Whether the goods or services covered by
said contract have been delivered or
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rendered in pursuance of the provisions
thereof, as attested to by the proper officer
4. Whether payment thereof has been
authorized by the officials of the
corresponding department or bureau
Classification of functions of COA:
1. To examine and audit all forms of
government revenues
2. To examine and audit all forms of
government expenditures
3. To settle government accounts (settle
liquidated accounts which may be adjusted
simply by ab arithmetical process. It does
not include the power to fix the amount of
an unfixed or undetermined debt.)
4. To promulgate accounting and auditing
rules (including those for the prevention and
disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditures)
5. To decide administrative case involving
expenditures of public funds
Private auditors
 COA’s power to examine and audit is non-
exclusive
 COA’s authority to define the scope of its
audit, promulgate auditing rules and
regulations, and disallow unnecessary
expenditures is exclusive.
 COA’s findings and conclusions necessarily
prevail over those of private auditors, at
least insofar as government agencies and
officials are concerned. DBP v. COA, G.R.
No. 88435, January 16, 2002
AC: FUNA vs MECO
Is MECO a governmental entity? If not, are its
accounts subject to the COA audit?
Held. No. it is sui generis as it performs
functions impressed with public interest for
facilitating unofficial Philippine relations with
Taiwan. But MECO’s accounts covering
verification and consular fees are subject to
COA audit.
AC: Paraiso-Aban vs COA

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Is AFP-RSBS within the general audit power
of COA?
Held. Yes. Under Sec 2 (1), Art IX-D, the COA
has “the power, authority, and duty to
examine, audit, and settle all accounts
pertaining to the revenue and receipts of or
any of its subdivisions, agencies, or
instrumentalities, including GOCCs with
original charters.

AC: Fernando vs COA

Does the COA have the audit jurisdiction of
the funds of the Executive Committee of the
Metro Manila Film Festival (MMFF) which is
not a public office?
Held. Yes. The Court finds that any such
funds, though coming from private sources,
become public upon receipt by the Executive
Committee, for use in the purpose for which it
was created. For all intents and purposes, the
Executive Committee, an office under the
MMDA and created pursuant to Presidential
Proclamation No. 1459, as donee, has
already become the owner of the funds and
may dispose of the same as it deems fit; thus,
such funds are considered public funds.
Being public in character, the COA can
therefore validly conduct an audit over such
funds in accordance with its auditing rules and
regulations.

SECTION 3. No law shall be passed

exempting any entity of the Government or
its subsidiary in any guise whatever, or
any investment of public funds, from the
jurisdiction of the Commission on Audit.

SECTION 4. The Commission shall submit

to the President and the Congress, within
the time fixed by law, an annual report
covering the financial condition and
operation of the Government, its
subdivisions, agencies, and
instrumentalities, including government-
owned or controlled corporations, and
non-governmental entities subject to its
audit, and recommend measures
necessary to improve their effectiveness
and efficiency. It shall submit such other
reports as may be required by law.

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